Maternity Benefits After 1.6 Years - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Rdsyadav
Educator, Management Consultant & Trainer
Glidor
Hr Consultant
Manjusha S
Radio Jockey

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Hi,
I was eligible for ESI benefits during my maternity leave . Now my baby is 1.6 years old. Is it possible to apply for ESI benefits now & will i get it now?
What should i do for that?
Thanks in advance
Rgrds
Manjusha S

maternity benefit is available at the time of pregnancy, get in touch with your panel doctor or ESIC dispensary for further clarification
Dear Jeevarathnam, Is there any mention of clause/ section which restrains or prohibits entitlement of MB? Its important to learn!!! Regds, RDS Yadav
Maternity Benefit Act, 1961

6. Notice of claim for maternity benefit and payment thereof

(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

4[(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.]

(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

Ms. Manjusha,
Are you working there or at other place?
As advised by our learned colleague Mr. Sharma, please go with a written application and meet Insurance Inspector, who might be operating from ESI local office narrating facts , date of delivery etc saying that your claim of MB may please be settled. You regret for unavoidable delay caused that happened due to ill health of yours and baby .
Regds,
RDS Yadav

Maternity benefit has the twin aspects of claim by the employee on particular ocassion and settlement of the claim by the employer on sufficient evidence for the claim. Therefore, the claim is time-bound as stipulated.
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