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hi Plz tell me that- if any person ( women worker ) worked in a company & give esi contribution from 1 year. But now she left service after giving her contribution for 30 days in a contribution period. now she want maternity benefit from ESI - is she eligible for it?
From India, Calcutta
In order to be eligible for maternity benefit under ESI, a woman employee should have contributed for 70 days in the preceding two consecutive contribution periods. Therefore, the actual or expected date of confinement should fall within the first benefit period. Even a woman employee who had contributed for more than 70 days in the contribution period will not be eligible for benefits if her date of delivery takes place before her first benefit period. In the absence of information about the contribution for the preceding two contribution periods (the post only gives that there were 30 days contribution in the contribution period just preceding the date of delivery) and the actual or expected date of delivery to see whether it falls within her first benefit period it is not posible to give a proper reply. Regards, Madhu.T.K
From India, Kannur
Dear friend Actually she was working from 1 march 08 & paid her contribution for every period as (oct. 07 to march 08) 20 days, ( April 08 to sep. 08) 122 days, & in current period her working is 28 days. But there is a problem that she has resigned on 20.10.08 & her delivery date was 12.12.08. Now she want benefit from esi for these days . is it possible that after resigned she take benefit on this status. Plz help me. Regards Saurabh Sharma
From India, Calcutta
Since her date of joining is 1st March 2008, her benefit period starts on 1st December 2008 (nine months of first entry) Since she resigned from service well before her benefit period it is not possible to get maternity benefits. Moreover, from the post it seems that notice of expected date of confinement in form 21, claim for maternity benefit in form 22 and certificate of confinement in form 23 were not given to the ESIC in due time. She should have filed certificate of confinement within 30 days from the actual date of delivery, ie, 12-12-08. Similarly Regulation 93 of the ESI (General) Regulations, 1950 provides that a woman employee shall be disqualified from claiming maternity benefit if she fails to attend for medical check up. Regards, Madhu.T.K
From India, Kannur
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