Harsh Kumar Mehta
Consultant In Labour Laws/hr
Srinath Sai Ram
Hr Manager
+3 Others

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our employee who paid esic from last 2 years and from april,2016 she came out from esic due to 15000 above salary she got.
now as per new amendment in esic act, the salary limit increased by 15000 to 21000
so she again fall into esic limit and start deduction from jan-2017
she is on maternity leave from 1st feb-17 so in that case she is taking treatment in private hospital now can she avail the benefit of maternity under esic??? if yes than how can she take that advantage?
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She is not eligible to avail Maternity Benefit (Payment )of 26 weeks from ESIC, Since she has become a Member from 01/01/2017. in the previous 2 contribution periods, she should have contributed for a minimum of 70 days in each contribution Period.She is eligible to avail Medical Benefit i.e. Treatment. Maternity benefit of 12 Weeks Payment to be paid by Employer under The maternity benefit Act, 1961
Contribution Period:
Oct 2015 to March 2016
April 2016 to Sep 2016
However, please Log in to ESI Employee Portal & Check about eligibility to be on the safer side
If she had contributed for more than 70 days during the contribution period ending 3/16 She must be eligible for maternity benefit. Remulation 56 says to be eligible for maternity benefit minimum 70 days contribution in two consecutive contribution period will be enough.70 days contribution in each CP is not required. Better check with ESI branch office.
Dear member, in respect of case as mentioned above, as confirmed by the seniors and experts above, the insured woman is entitled only for medical treatment from ESIC. She will not be entitled for Maternity Benefit (cash benefit of leaves) under ESI Act, 1948. However, she can claim the said benefit from her employer under the Maternity Benefit Act, 1961 if she fulfils the contributory conditions under said Act.
if esic maternity leave falls in two benefit periods how it is calculated...?
1. Sir, as per Rule 55 of ESI (Central) Rules, 1950 an insured person if he is entitled by virtue of his contribution can maximum claim sickness benefit for 91 days in any two consecutive benefit periods. Therefore, there is no problem in case the sickness falls under 2 consecutive benefit periods. In sickness cases a ceiling of 91 days is observed. If the sickness is from 1st December, the benefit will be stopped after the employee will be paid 91 days benefit. This is also kept in view whether during the earlier benefit period prior to 1st December, whether the said insured person has obtained any such sickness benefit. If so, the benefit days will be reduced accordingly.
2. Further, there are separate ceilings of maximum benefits in respect of maternity benefit, long term diseases cases (ESB) and I think, in respect of accident cases there is no ceiling of benefit days and as soon as the insured person is declared fit by competent authority/doctor, the payment of such benefits are stopped.
3. All such type of calculations are done at the level of Branch Office Manager of ESIC to which the insured person is attached.
Thank u so much for ur valuable reply...
Hi Experts, Need your valuable knowledge and guidance for the concern i have wit regards to my Wife Maternity Benefits under ESIC act.
As per the record:
Registration Date : 10/08/2014 First Date Of Appointment : 28/10/2013
She is working for the same Organization and also contributed ESIC for multiple years till the salary got exceeded 15K
No change of Work Organization and no gap of employment in between .
Due to the change of ESIC salary slab from Jan 2017, ESIC contribution started again as below.
Current Date of Appointment : 01/01/2017
Wage Period Total Monthly Wages Number of Days wages paid/payable Employee Conrtibution (Oct to March-2017)
January-2017 XXXX.00 31 XXXX.00
February-2017 XXXX00 28 XXXX.00
March-2017 XXXX.00 24 XXXX.00
Wage Period Total Monthly Wages Number of Days wages paid/payable Employee Conrtibution (April to Sept 2017 )
April-2017 XXXX.00 26 XXXX.00
May-2017 XXXX.00 31 XXXX.00
June-2017 XXXX.00 30 XXXX.00
July-2017 XXXX.00 31 XXXX.00
August-2017 XXXX.00 31 XXXX.00
September-2017 0.00 0 0.00 - Under Maternity Leave for delivery - Leave started ..
We have our 1st baby on 7th Sept 2017 and since then availed the newly amended/approved 26 weeks Maternity leave benefit and advised to visit the concern ESIC branch office after completing the 26 weeks leave, hence we visited the same and now it is advised that we can't availed the Maternity benefit as the ESIC contributions is not 9 months.
Can you experts clarify my query, Why my wife not applicable under ESIC amended act with the benefits ?
How is the 9 months ESIC contributions calculated here on this case ? Are we going to availed the benefits from the working/current Organization for 6 months salary ? Who and what can be the correct steps that need to be taken on such case ?
Please guide.
Thanks All
Dear Thingbaijam, Please log in to ESI IP Portal with ESI Insurance # Please find out eligibility for Maternity leave.Share the details with present Employer.If ESI Covered Employee is not eligible for MB under ESI Act, Employer will have to pay the benefits to Woman Employee under The Maternity Benefit Act, 1961
Nothing to worry, Employer will pay last drawn Gross Salary as MB for 26 Weeks
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