I have a question. If an employee is getting maternity benefits like salary on absent days from ESI, is it mandatory to give paid leaves/ salary by the employer in addition to the ESI benefit salary that employee will be receiving?
An employee is not supposed to get the double benefit. So if she is covered under ESI then the employer should not pay salary and should not credit any leave to employee’s account during ESI maternity benefit.
If an employee is on maternity leave and getting ESI benefits, leave will be adjusted against the Balance leave available.
If an establishment is covered under the ESI Act and employee is covered, Employee can claim ESI Leave. Then employer has no responsibility to pay Maternity Leave (paid) but employer can still pay. However ESIC will not pay the Maternity benefit when employer pays it. ESIC can even hold the payment or ask to payback if ESIC finds that an employee received maternity benefit (Maternity Leave - paid) and also ESI Leave.
if the employee is getting the ESI benefit salary, there is no need for the employer to pay the salary in addition
In case the employee is not covered under ESi and has Insurance Benefit Should employer pay.
The employee can avail either the ESI benefit or the Salary by the Employer.
She cannot avail both