Harsh Kumar Mehta
Consultant In Labour Laws/hr
Associate Director Hr
Satpreet Kaur
Human Resource
+1 Other

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I have joined a new organisation from Jan 2015 and I have provided the ESIC Facilities from 1 April 2015. And now I am pregnant with 6th months and my due date is in Dec-2015. So I want to now can I get maternity payment. And how may days maternity leave will availed for me.
Yes, you are eligible for the maternity benefit. Any female employee who has served the company for atleast 80 days preceding the date of delivery is entitled for the benefit. Speak to your HR...
Congratulations :)

1. Dear member, from the facts as mentioned by you, it is not clear as to since when contribution under ESI Act, 1948 and rules/regulations framed thereunder is being paid by your employer in your case. When you joined the organisation in January, 2015, it is not clear as to whether contribution has been paid from January, 2015 itself. If paid from 4/2015 only onward, then why the gap ?

2. Further, I am doubtful whether you are eligible for maternity benefit under ESI Act in December, 2015 (due date as mentioned by you) or prior to this period. The reasons being that " an insured woman shall be qualified to claim maternity benefit for a confinement occurring or expected to occur in a benefit period, if the contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods (Section 56(1) of said Act). If you have started contributing w.e.f. 01/04/2015, the first benefit period in your case will start from 01/01/2016 only, (though you can get only medical treatment prior to this date).Please see Regulation 4 of ESI (General) Regulations, 1950.

3. I will, however, suggest you to please visit your appropriate Branch Office of ESIC to which you are attached and discuss the issue with the Branch Manager concerned so that you may be able to get correct position in respect of your eligibility for the said benefit. While visiting Branch Office, please ensure that you have your Pehchan Card ( as issued by Branch Office, ESIC). Further, I hope, you will also ensure to get proper medical certification from the ESIC Dispensary to which you are attached.

Has to work for 80 days in the preceding 12 months immediately preceding the date of her expected delivery
Maternity benefit is paid at the rate of the average daily wage for the period of her actual absence. The average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself. Wages includes all remuneration including cash allowances, D.a., HRA, Incentive bonus and the money value of any concessional value of food grains supplied but does not include any bonus other than incentive bonus, OT, gratuity, PF etc.

As metioned above I have to make it clear that work days 70 days required under ESIC act for maternity benefit . It is required in preceding two consecutive contribution period not contribution period. Yes benefit period starts from jan-16.
Hello, i am Rahul from Pune, my wife was delivered on Nov 3, 2015, in Ahmednagar, i am working in Pune, and my salary is 13,500. Company is deducting ESIC from my salary. I have submitted all documents to HR in my office. But they have not said anything about refund. Does, i get any benefit or i am late for getting benefit. What is time period and clause for getting benefit from ESIC. Please reply and help.
1. Sir, please intimate clearly what type of refund you are claiming or want to claim from ESIC ?
2. For claiming any benefit from ESIC, the appropriate Branch Office of ESIC to which you are attached is the appropriate office which can decide as to what type of benefits are admissible to any insured person or his dependents. HR department of any unit is not a relevant office for the same. It will be more better, if you take up the matter with your appropriate branch office of ESIC.

To check the benefits available, IP can check the same on ESIC portal.
ESIC web portal, there is IP Portal on left side Under ESIC link. Click on the IP Portal, and dialogue box 'User Login" will appear. Login while using your IP No. as your username. IP will find his complete details alongwith 'entitlement of benefits' available to IP as on date. calculated on the basis of contribution.
Please note that benefits of ESIC can be claimed if treatment is routed through ESI Hospital.
Hope, this information will help.

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