Harsh Kumar Mehta
Consultant In Labour Laws/hr
Srinath Sai Ram
Labour Law Index
Employer Should link Bank Account Details of Insured Person.
Insured person should approach ESI Dispensary together with Pehchan Card & Aadhaar card before proceeding on Maternity Leave.
20th March 2017 From India, New Delhi
Under Section 46, Subject to the provisions of this Act, the insured persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely :-
Periodical payments to an insured woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);
Maternity Benefit Under ESI or Employee State Insurance
Under Section 50, The qualification of an insured woman to claim maternity benefit, the conditions subject to which such benefit may be given, the rates and period thereof shall be such as may be prescribed by the Central Government.
Under Rule 55, An insured woman shall be qualified to claim maternity benefits
Maternity Benefit Under ESI or Employee State Insurance
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. Confinement means Labour resulting in issue of a Living Child, or Labour after 26 weeks of pregnancy resulting in issue of a child whether alive or dead.
Subject to the provisions of the Act and the regulations, if any, an insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall be entitled to receive it at the daily rate specified in sub-rule (5) for all days on which she does not work for remuneration during a period of twelve weeks of which not more than six weeks shall precede the expected date of confinement.
Provided that where the insured woman dies during her delivery or during the period immediately following the date of her delivery for which she is entitled to maternity benefits, leaving behind in either case, the child maternity benefits shall be paid for the whole of that period but if the child also dies during the said period, then for the days upto and including the day of the death of the child, to the person nominated by the insured woman, in such manner as may be specified in the regulations, and if there is no such nominee, to her legal representative.
An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall, in case of miscarriage or medical termination of pregnancy, be entitled, on production of such proof, as may be required under the regulations, to maternity benefits at the rates specified in sub-rule (5), for all days on which she does not work for remuneration during a period of six weeks immediately following the date of her miscarriage or medical termination of pregnancy.
An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) in case of sickness arising out of pregnancy, confinement, premature birth of child or miscarriage or medical termination of pregnancy shall, on production of such proof as may be required under the regulations, be entitled, in addition to the maternity benefits payable to her under any other provisions of the Act, for all days on which she does not work for remuneration to maternity benefits at the rates specified in the sub-rule (5) for all days on which she does not work for remuneration during an additional period not exceeding one month.
The daily rate of maternity benefit payable in respect of confinement occurring or expected to occur during any benefit period shall be equal to the standard benefit rate in respect of the insured woman during the corresponding contribution period, rounded to the next higher rupee, or rupees twenty-five, whichever is higher.
For more see Employees State Insurance or ESI Act, Rules, Forms, Returns : Simplified: Maternity Benefit Under ESI or Employee State Insurance
20th March 2017 From India, Kolkata
one of my staff member is on maternity leave from Dec 2016, altough she does not cover under ESIC. She has been given maternity leave for 3 months. as the new bill has passed from parliament that the maternity leave is extended for 24 weeks from 12 weeks can we extend her leaves as she has applied for extension also, she will be on loss of pay but we need to give her benefit of the act.
any information regarding the new bill pass links only with the ESIC but what if a woman is not covered under ESIC and is eligible for maternity benefit under act. Kindly give your valuable suggestion & feedback.
21st March 2017 From India, Dewas
Maternity Benefit under the Act is increased to 26 Weeks(From 12 Weeks)
You have to wait for the effective Date to know about applicability of 26 Weeks Benefit to the Employee in question.Please wait for Gazette Notification.
meanwhile ,her Maternity Leave can be extended without waiting for the Notification.
However, BEFORE MAKING THE PAYMENT YOU HAVE TO FIND OUT her eligibility i.e 12 Weeks or 26 Weeks
21st March 2017 From India, New Delhi
#AnonymousWhat is the time for payment of maternity benefit.. because some of the Company insist that they will pay the benefit as soon as the employee will join back? is this the right approach?
I think it should be paid monthly.. is it specifically mentioned in MB, Act..
22nd March 2017 From India, Delhi
2. Similarly, in respect of cases under the Maternity Benefit Act, 1961, Section 6(5) of said Acts lays down
"(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 the 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".
Please also see section 6(6) of said Act. I think, we should discuss such issues based on what is mentioned in law and procedure as laid down in rules/regulations.
25th March 2017 From India, Noida
2. How much amount of maternity benefit will be paid or payable depends upon the average wages of the insured woman during a specific period as mentioned in said rule. Therefore, I think, only the appropriate Branch Office of ESIC to which the insured person is attached will be in a position to correctly calculate and indicate the same.
19th December 2017 From India, Noida
Can someone help me with the process of getting the salary? My wife's office doesn't provide her with the card and now before 1 week of delivery hey handed over a e-pehechan card and asked her to go to the dispensary. Not really know how to proceed on
Really thankful for all your support in advance
20th December 2017
20th December 2017 From India, Noida