ESI Facilities To Dependents - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kumaran Praveen
Hr-executive
N.Mohan
Hr Professional

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Dear Sir,
In-Laws of a widow, insured employee under ESI are staying with her and completely depending on her earnings. Now they are sick and this employee wants to take them to ESI hospital /Dispensary. Kindly clarify whether they are eligible for ESI facilities as a dependents ?

Hi Mr.Buddy, In-Laws of Insured Person/employee not eligible to avail treatment from ESI Hospital. With Regards Mr.Thumbs Up
Sir, Inlaws i.e. father-in-law , mother-in-law, brother- in- law or sister-in-law etc.of an insured person are not included as family members as defined under section 2(11) of ESI Act, 1948.
Dear Harsha Kumar Mehta Sir,
Thanks for your opinion. I raised this issue because the referred IP or any female, after the marriage they become part and parcel of in- laws family and not parents family and in this present case in-laws are very much depend on IP.

1. Sir, I think,an insured woman can include her own parents as her "family" members if they are dependent on her, but not her father-in-law or mother-in-law. I think, this may be to maintain the equality of both sexes since her in-laws are supposed to be the family members of her husband.
2. The matter, if you desire, can be discussed with appropriate Officer at the Regional/Sub-Regional Office or a petition/representation can be sent to Benefit Branch, Hqrs. Office, ESIC, New Delhi. But, I think, they will also not be in a position to help in the matter due to statutory provisions as the same exist at present.
3. Your views "any female,after the marriage they become part and parcel of in- laws family and not parents family" may be true in respect of Hindu Marriage Act, but not in social security enactments in which the rights and liabilities are fixed on the basis of provisions of statutory laws as applicable.

Sir, I think, following very old discussion (of year 2007) in this citeHR may be of some relevance in the case:
https://www.citehr.com/45622-esi-ben...-marriage.html

Dear Sir,
A Married Women employee has included her parents as a family members for ESI. She is ready to prove that they are staying with and depending on her. It seems, at ESI Dispensary has advised her to delete the names of Parents. Please let me know whether they are eligible or not.

1. Sir, I think, ESI Dispensary officials have no locus standi to question as to which of family members are entered into the identity Card of an Insured Woman. They are to attend the patient/family members as mentioned in the Family Identity Card issued by concerned Branch Office of ESIC. Though they can object to providing such treatment in case they feel that the parents or any family members are wrongly entered into the said family identity card and are not entitled as per Act, but they have to refer the matter to the concerned Branch Office Manager. I think, the insured woman to whom such instructions have been given by the ESI dispensary should discuss the issue with the Branch Manager, ESIC to which the said insured woman is attached.
2. However further I think, the parents must be dependant on said insured woman (their daughter) as defined under section 2(11) read with Rule 61-A.

Dear Harsh Kumar Sir,
The Parents are completely depending on her. As suggested by you, I will ask concerned IP to contact Branch Manager. Of course I will also discuss with the Manager. Thanks for your views and suggestions.

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