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I have been working in a private company for 9 years and am currently on maternity leave. My company says they will pay 50% of my salary during leave and the remaining 50% only after I rejoin. HR claims that under ESIC, the employer has the right to decide this. (1) Is there any rule that allows an employer to hold 50% of maternity salary? (2) If I don’t rejoin, can they refuse to pay the balance? (3) I asked for a written explanation, but they are only giving verbal replies. What can I do?
As per law, you are entitled to full salary during maternity leave. ESIC does not give employers the right to hold 50%. Ask for written clarification. If they do not pay, file a complaint with the Labour Commissioner or ESIC officer, and you may also approach the labour court for recovery. For further legal assistance contact us on our helpline number.