Avail Both ESI And Maternity Benefit Under Act 1961 At A Time? - CiteHR
Industrial Relations And Labour Laws
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Hi Seniors, Would you please tell me can a woman employee avail both ESI maternity benefit and maternity benefit under maternity benefit act 1961 at a time? Rejimon
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Dear Rejimon,
No. If the woman employee is entitled to receive maternity benefit under the ESI Act, 1948 then she is not in a position to claim this benefit under the Maternity Benefit Act, 1961.
A woman who is entitled to get maternity under ESI Act can also get Maternity benefit from her employer. Though the employer has no legal obligation to pay M.B when she was covered under ESI Act, he can pay M.B. if he wants to pay. There is no bar to claim M.B. from both sides.
The employer can pay the maternity benefits even if the employee is covered by ESI. But the ESIC will not pay the benefits if the employer is paying the benefits! The ESIC can hold it or even direct the employee to refund the amount already paid by the Corporation if the Corporation finds that she has received salary (maternity leave salary) during the period of her ESI leave.
There is specific bar u/s 61 of the ESI Act(reproduced below) to receive benefits under the provisions of any other enactment,
61.Bar of benefits under other enactments.—When a person is entitled to any of the benefits provided by this Act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.
V K Gupta
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