9 Months Have To Be Completed To Avail Maternal ESI Benefits? - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Apex Management
Labour Laws Consultants

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Hi, I was working in a office from October 2013 to may 2016 covered in ESI.
Due to my marriage i discontinued my job from that factory by June 11,2016. After that i joined in another factory by September 2016.
In my new office they have started to pay for me from January 2017 under the same ESIC number.My due date is on 1st august 2017. i want to avail maternity benefits. When i visit the esi branch office, executive told me that i cannot avail maternity benefits, even though i paid for the past three years, as there was a break, from June 2016 to Dec 2016, and my fresh appointment is only from jan 2017, 9 months have to be completed to avail maternal benefits.
is that so?
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As far as my knowledge is concerned the ESIC authority has rightly advised you as your contribution days for the RC period ended 30.09.16 can be presumed at 61 days only (April 30, May 31). Your entitlement for maternity benefit requires at least 78 days contribution for this period. Again break is for more than 7 months and your contribution days for the period from Sept 16 to March 17 can only be 90 days. After discontinuation, none months contribution is required for availing such benefits including general sickness.
But From the contribution period from September 2015 - March 2016, I paid... From April 2016 to September 2016, I paid three months ESI,that is over 90 days... From October 2016 to march 2017, i paid it for Jan 2017, will be paying till August 2017... Up to my due date.. even though there was a gap .. minimum contribution for 76 days was paid by me... there was a mistake in my first post.. I was working from September 2013 to June 11 2016, ESI was paid till june
Dear member, appropriate ESIC Branch Office to which you are attached is the appropriate authorised office to certify about the eligibility or otherwise of any insured person regarding entitlement of various benefits under ESI Act. In case, you have any doubt about the information furnished by the said branch office about your entitlement, you can approach higher authorities i.e. Director/Regional Director, Sub-Regional/Regional Office, ESIC of the concerned Region where your unit is situated.
By means of Rule 56(1) of ESI (Central) rules, an insured woman shall be entitled to maternity benefits for confinement occurring or expected to occur during the benefit period if she had paid contributions for 70 (seventy) days in the immediately preceding two contribution periods. The words immediately preceding two contribution period is very important. Since your expected date of delivery falls in August, 2017, the corresponding contribution period should be April, 2016 to Sept 2016. The period prior to April 2016 is irrelevant for the benefit. But still, since you have paid for more than 70 days in the two contribution periods, you should be eligible for maternity benefits from ESIC.
Madhu.T.K

Hi I t working in a pharma company from last 2 years and I am on maternity leave from 1 Jan 2017 my leave is going to end on 2017 March. I just want to know is this maternity amendment bill is applicable for me or not can I extend my maternity leave or not.
Today From India, Chandigarh

Hi I am working in a company from Jan 2015 and and member of esic from Jan 2015 now I am on maternity leave from 1 Jan 2017 and my maternity leave going to end on 31 march 2017 please let me know as per the new amendment in esic maternity leave can I get six months leave benefits or not
ESIC has increased the maternity leave from 12 weeks to 26 weeks with effect from 20th January 2017. Therefore, if the child birth had taken place on or after 20th January your would get the befit of 26 weeks leave. In case of child birth happened before 20th January, the same 12 weeks leave will be available.
Please note that there should be some cut off date for enforcement of any law and for ESI Corporation it is 20th January, 2017 in respct of extending maternity leave
Madhu.T.K

What this is wrong because many people like me are member ofe s i c they are contributing there part of salary so they should be benefited by the 26 weeks maternity leave
if esic leave falls in two benefit periods how it is calculated..?

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