In my temparory Identity Certificate, my date of appointment was on 01/12/2012. And I am pregnant Now. And my expected due date on 16-09-2012. Can I eligible to get the benefit if my delivery will be on September? And if my delivery unexpectedly on August,shall I get the befefit?
From India, Kochi
poojakatiyar
11

Compliance Officer
Dear Nisha,
Yes you will get the benefits whether it is August or September. You have to get the certificate of pregnancy from any dispensary, on that basis you can apply maternity leaves of 12 weeks i.e. 6 weeks before due date & 6 weeks after due date.
these maternity leaves would be paid leaves.
Afterwards you can take the medical treatment at any ESIC dispensary & if ESIC dispensary refers you to any other hospital then you can claim the reimbursement for your expenses with all the medical reports as proof.
Regards
Pooja

From India, Hyderabad
Parvathishetty
2

HR and IR
Dear It is mandatory to complete 160 days to avail medical benefit under maternity benefits act and you are eligible for that Rgds/Parvathi
From India, Mumbai
Dear Nisha,
You can check your benefit status through link www.esic.in & click on IP Portal . then give your Insurance No & click on Log In. then click on Entitlement to benefits & you should get your answer. According to my opinion, You should get maternity benefit total of 84 days divided into 2 parts 42 days just prior to delvery & 42 days after delivery & if needed another 1 month, collect certificate from Medical Officer of ESIC. You have to do all medical examination & treatment under Esic hospitals.
Regards
Debanka
(HR Admin PPMS P Ltd)

From India, Calcutta
Dear Debanka, I checked the status. And I attached the file here with. Its shown like 'No'. Why this happened. The esi contribution deducted from my salary starting from the month of January 2012.
From India, Kochi

Attached Images
File Type: jpg esi benefit.jpg (41.0 KB, 282 views)

Dear Pooja,
Thank You for your reply. I heard like the person should complete 9 months contribution in order to get the maternity benefit. My contribution deducted from the month of January 2012 onwards.

From India, Kochi
Madhu.T.K
3459

Industrial Relations and Labour Laws
There are two conditions for getting maternity benefit from ESIC. First, the delivery should happen during the benefit period and second, you should have worked at least for 70 days during the two contribution period immediately preceding the date of delivery. The first benefit period of an employee will start after nine months of his/ her joining the scheme. Since you have started contributing in January 2012 only, you will not get the benefits from the ESIC.
However, the employer is liable to give the maternity benefits of an employee who is not eligible to get it from ESIC. Therefore, even if you cannot get the benefits from the ESIC you can take the same benefits from the employer.
Regards,
Madhu.T.K

From India, Kannur
Dear Nisha,
According to the provisions of the Maternity Benefit Act, the female employee is not coverable / covered under ESI, under Sec.5 (2) of the Maternity benefit act, 1961, she will be entitled to three months of Maternity benefit, provided she had served not less than 70 days in a period of 12 months immediately preceding her date of delivery. In the corresponding Benefit period, she will be entitled for 12 weeks of Maternity Benefits. If the female employee has joined while she is pregnant then the situation will be in dilemma and the benevolence depends on the employer.

From India, Visakhapatnam
poojakatiyar
11

Compliance Officer
Dear Nisha,

You have served sufficient enough to get the benefit..you are right about the person should complete 9 months contribution in order to get the maternity benefit but i think you are not aware of how these 9 months come. If an employee has already contributed for one half yearly return (as your contribution is mentioned in half yearly return that is in May 2012) plus three months then she can take the benefits even if the person has not contributed for all 6 moths in the last half yearly return.

I dont know how much you are able to get this but what my calculations say you can take benefits. sometimes details are not up to the date on portals. so what I would suggest just get your pregnancy tests done in any ESIC dispensary or by any recognized doctor try the things.

One more thing there, if a pregnant women fails to give the notification on time it doesn't mean she won't get the benefits. Whenever you will give the notification you will get the benefits.

Regards

Pooja


From India, Hyderabad
Dear Nisha,

According to your instruction & contribution period shown in esic server ,I can't understand how 116 days of contribution has been made, as from 12 january 2012 to 31st march 2012 is 80 days if counting sundays & holidays. perhaps you have some previous contribution from your previous employer's end. But you should get benefits as there is written "Subject to confinement/miscarriage" just beside your entitlement status. you immediately go any service dispensary of Esic & get your treatment from there. When the delivery time come you will surely get Maternity Benefits as contribution period comes near 9 month. You should also have to request your present employer to give full attendance, then attendance figure will come to the point that you can easily avail benefits.

Last of all, I say you " Esi rules has been set for the I.P.'s & also to help I.P's."I.P. means "Insured Person".Go to your Esic Branch office that has printed on your Temporary Identity certificate ,contact with Branch Manager & I am sure, he/she will do everything to help you.

In our company, I also have faced problem as you are facing. We have done everything to help our employee that our branch office has told to do & she got such benefits from Esic.

Best of Luck.

With Regards.

Debanka

(H.R.Admin,PPMS (p) Ltd.)

From India, Calcutta

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