Labour Laws & Ir
Hr ( Generalist)
Labour Laws And Financial Matters
+2 Others

Hi to all of you !!!!!!,
I am working in organisation which is covered under ESIC. I am working for 1ast 2 years in the same, now having my gross salary 12000/- pm.
Now I am pregnant & seek to have maternity benefit. so is it possible to me to get the same benefit as my salary is > 10,000/-.
Kindly advice.

From India, Surat
If you are not covered under the ESI Act, 1948 then in that case only benefits available under the Maternity Benefit Act, 1961 will be given to you. If better maternity Benefit policy is there in your establishment then you will be getting those benefits.
With Regards,

From India, Delhi
I dont thing ur eligible as per the ESI Act, bcoz ur gross slry is more then 10000/-. if any medical policy as per ur company norms, obviously u can get benefit from it. The mngmt have to give paid 3 month leave i.e for post & prenatal care. for only two children.
plz sugest me if i am wrong.

From India, Bangalore
Dear Ramnath,
Under which of the Act you are restricting the benefit for only two children ?
With Regards,

From India, Delhi
Since when are you on a Gross Salary of more than Rs.10000/- per month?
If you got your raise during Contribution Period (ESI) then you will continue to be covered under the ESI Scheme until the end of the said Contriution Period even if your Gross Salary more than Rs.10K. In such eventuality you will not be eligible for benefits under the Maternity Benefits Act.
I will offer further clarification:
Under the ESI Scheme, there are two Contribution Periods of six months each:
1. 1st April to 31st Sept. &
2. 1st Oct. to 31st March.
If you were on a Gross Salary of Rs.10000/- or less per month at any time during the above mentioned Contribution Periods, you will continue to be covered under the ESI Scheme until the end of the Contribution Period. Only after the end of the relevant Cont. Period will you be be taken out of coverage under the ESI Scheme.
Once you are out of the coverage of ESI Scheme, you will be entitled to benefits under the Maternity Benefits Act.
Best Wishes,
Vasant Nair

From India, Mumbai
When you are getting more than 10000/- for the last two years, you are not an employee under section 2(9) of the ESI Act. Hence you are not entitled for M.B under the ESI Act.
From India, Hyderabad
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