Sir, I fully agree with the remarks of Sh. Madhu T.K.ji as above regarding washing allowance, but I will like to submit further that in section 2(22) of ESI Act, 1948 there is no mention of washing allowance as not wages. The said allowance will fall under category "2(22)(c)-any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment." Therefore, in my opinion, in order to claim exemption of washing allowance, the employer has to prove or keep in mind that the inspecting authority can ask information viz. (I) whether liveries have been provided to the said employee or class of employees to whom such washing allowance has been paid or (2) whether the employee(s) to whom washing allowance has been paid are required to follow a particular dress code or bear particular dress in the establishment. If the employer or his HR will not be in a position to satisfy above criteria, I am doubtful whether in such situation said washing allowance can be treated as exempted. Though the amount of washing allowance generally paid by employers is very nominal say Rs. 100/-, or Rs. 200/- per month and in situation when in a unit the inspecting authority finds that employees are bearing a particular uniform, hence as a matter of practice he never takes any objection on above issue.
From India, Noida
923From India, Noida
if esic leave falls in two benefit periods how it is calculated... i.e. from Dec to June..
From India, Chennai
From India, Chennai
1. Sir, as per Rule 55 of ESI (Central) Rules, 1950 an insured person if he is entitled by virtue of his contribution can maximum claim sickness benefit for 91 days in any two consecutive benefit periods. Therefore, there is no problem in case the sickness falls under 2 consecutive benefit periods. In sickness cases a ceiling of 91 days is observed. If the sickness is from 1st December, the benefit will be stopped after the employee will be paid 91 days benefit. This is also kept in view whether during the earlier benefit period prior to 1st December, whether the said insured person has obtained any such sickness benefit. If so, the benefit days will be reduced accordingly.
2. Further, there are separate ceilings of maximum benefits in respect of maternity benefit, long term diseases cases (ESB) and I think, in respect of accident cases there is no ceiling of benefit days and as soon as the insured person is declared fit by competent authority/doctor, the payment of such benefits are stopped.
3. All such type of calculations are done at the level of Branch Office Manager of ESIC to which the insured person is attached.
From India, Noida
2. Further, there are separate ceilings of maximum benefits in respect of maternity benefit, long term diseases cases (ESB) and I think, in respect of accident cases there is no ceiling of benefit days and as soon as the insured person is declared fit by competent authority/doctor, the payment of such benefits are stopped.
3. All such type of calculations are done at the level of Branch Office Manager of ESIC to which the insured person is attached.
From India, Noida
Hi dear HR colleagues,
Could you pls help in clarifying the below query:
Emp (Insured Woman) has come out of ESI slab from the month of Apr -2018 and her contribution is paid till Sept 2018. From Oct 2018 onwards ESI is not paid as she has come out of ESI slab.
As per the eligibility criteria she is eligible to avail the benefits up to June 2019 for the benefit period started from Jan 2019.
Currently she is pregnant and has to avail Maternity Benefit. Her delivery is due in the month of May 2019.
So
1. Will she be eligible to get Maternity benefit ? (Maternity leave period will be May to Oct 2019)
2. Post stoppage of contribution from Oct -2018 will she be eligible to get cash benefit for the ML period.
From India, Bangalore
Could you pls help in clarifying the below query:
Emp (Insured Woman) has come out of ESI slab from the month of Apr -2018 and her contribution is paid till Sept 2018. From Oct 2018 onwards ESI is not paid as she has come out of ESI slab.
As per the eligibility criteria she is eligible to avail the benefits up to June 2019 for the benefit period started from Jan 2019.
Currently she is pregnant and has to avail Maternity Benefit. Her delivery is due in the month of May 2019.
So
1. Will she be eligible to get Maternity benefit ? (Maternity leave period will be May to Oct 2019)
2. Post stoppage of contribution from Oct -2018 will she be eligible to get cash benefit for the ML period.
From India, Bangalore
Sir, eligibility for any benefit under ESI Act, 1948 is a question of fact and depend upon the contribution deducted and paid/payable by the employer in respect of an insured person. Branch Office of the ESIC to which the insured woman is attached is the appropriate authority to certify such eligibility. Therefore, it will be more better if the insured woman may contact the said office in order to confirm the period of her eligibility, if any.
From India, Noida
From India, Noida
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