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How much i can claim from the company for maternity leave
03-Jul-2023 (In Labour & Service Law)
Hi. I've been in this company for over two years now. Got pregnant on December 2017 and my due date is on September 04, 2018. My ESI coverage was only till February 2018 (15k gross salary) as I got higher post with salary increment (21,820 gross salary). I came to know that I can claim ESI full pay- which is 15K (ESI coverage period salary) for the complete 6 months of maternity leave. Whereas I also came to know that I can ask my company for the complete current pay - which my HR denies. What can I do on this? Can I claim the rest of the gross salary (21,820-15,000 = 6820 Rs) from my company? Or will my ESI coverage get cancelled and I should go forward claiming my full salary from company alone for 6 months? My HR also says that if my ESI coverage gets cancelled, they can even cut my maternity leave to 3 months or accordingly and not pay me/pay me just basic salary for just 3 months of approved leave. Kindly advise.
The answer is simple. The company cannot deny six month's maternity leave and the leave salary during the period. The so-called HR's verbal do not make any sense in the light of the unambiguous provisions of the law.
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Adv. P Venu
Vaikom | 500+ Answers
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