priyanka.6986 Started The Discussion:
If a female employee is expecting & her salary is such that she is covered under the ESIC benefit but in between her increment takes place & she is not under the ESIC benefit any more so will the company reimburse her or she has to claim it under the ESIC act because (The contribution is for period of April 12 to September 12 but the benefit period for this contribution is January 2013 to 30th June 2013). The female employee is currently 7 months pregnant
There is contributory period of ESIC from April to September and October to March . And beneficiary period from Jan to June and July to Dec.
If one has made contribution from October 12 to March 13 she will get benefit till Dec 13.
we cannot stop the esic contribution if increment takes place in Jan we have to continue deduction till March.
Hope your query is solved. All the best to you.
Maternity benefits are available under the provision of ESI Act. It is subject to a condition that payment of contribution for a minimum of 80 days should me made in one or two consecutive contribution periods. If the employee was covered (Contributions paid) and her benefit period fall on date of delivery. Then it is possible that ESI shall provide Maternity benefits.
Trupti rightly answered regarding when to stop contributions.
Seniors please correct in case am wrong.
Dear Govind Singh ji,
Greetings of the day!
I fully agree with your first part that Trupti ji has correctly answered the query. However, with due respect to you Sir, I differ with your remaining part.
According to section 65 of ESI Act, an employee is not entitled to receive two benefits at the same time for same period. Where an employee is entitled to more than one benefit, he or she has to choose which one of them to receive.
Section 5A of MB Act says, every women entitled to the MB under this Act shall, notwithstanding the application of ESI Act, continue to be so entitled until she becomes qualified to claim MB under ESI Act.
If the expected date of confinement falls in the benefit period of the employee & if she is eligible for MB under ESI scheme she will be paid benefit by ESIC not by Company.If she is not eligible under ESI employer has to pay if she has worked under Co for 80 days in 12 months prior to date of confinement. Similarly even if her salary has crossed Rs15000/-she will continue to get ESI benefit till the end of the BP.
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