Employer's Responsibility - Maternity Benefits - CiteHR
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Varghese Mathew,
It does not matter whose fault it is. What matters is than a female employee is entitled for maternity benefit. If ESI does not apply, then, MB act applies and employer has to provide for it.

Please Peruse Section 5A of The Maternity benefit Act, 1961 & Section 50 of ESI Act, 1948 with reference to the query raised for payment of Maternity Benefit by Employer though Employee is covered under ESI Act:

Section 5A of the Maternity Benefit Act, 1961:

Continuance of Payment of Maternity Benefit in certain cases.

Every woman entitled to the Payment of Maternity Benefit under this Act shall, notwithstanding the Application of The Employees' State Insurance Act, 1948 (34 of 1948), to the Factory or other Establishment in which she is employed continue to be so entitled until she becomes qualified to claim Maternity Benefit under section 50 of that Act. I.e ESI Act, 1948

ESI Contributory Conditions for Entitlement of Maternity Benefit:  

An insured woman is Eligible for Maternity Benefit for confinement / miscarriage, if contributions in respect of her have been Paid or Payable for not less than 70 days in the two immediately Preceding consecutive Contribution Periods with reference to the Benefit Period in which the confinement took place.

ESI Contribution Period: Corresponding Benefit Period:

April 2016 to September 2016 1st January 2017 to 30th June 2017

Oct 2016 to March 2017 1st July 2017 to 31st December 2017


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