Saswatabanerjee
Partner - Risk Management
Manojkamble
Sr. Hr Executive
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Asso.prof.(commerce & Management) Pg
Srinath Sai Ram
Hr Manager
Prabu M
Hr Manager
+1 Other

Thread Started by #Prabu M

Dear Members,

I have a scenario with respect to Maternity Benefits to an employee:

One of our employee who works with us for more than two years has recently come under ESI limit when ESIC increased the wages limit to 21000 and the problem is, She has contributed to ESIC only for three months so far (from Jan to March 2017) and not meeting the eligibility to avail Maternity benefits through ESIC. When she approached to ESIC to enquire on this, they also confirmed the same.

Now, I am confused in terms of understanding the responsibility of an employer and need your advise on followings:

1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this

scenario ESI is refused to accept since she has contributed only for three months. So what next to be done.

2. Should Employer pay the salary or Is there any provision to get it through ESIC.

3. What if Employer gives Leave without Pay – Is it advisable.

4. Is there any rules / judgement passed similar to this case.

Kindly give me your views and help me out.

Thanks

Prabu
26th April 2017 From India, Namakkal
#Anonymous
In absence of ESI being applicable automatically MB act applies abd hence employer has to take responsibility and pay the wages and approve leave as per MB act.
26th April 2017 From Indonesia, Jakarta
In all fairness a female Employee who is not covered under ESI act should be eligible under the MB Act. Since she has not contributed for the qualifying 'service period' under ESIC, the employer should automatically extend the facilities as per MB Act. No doubt about it.
26th April 2017 From India, Bangalore
The act very clearly provides that the act applies in all cases where the esic coverage is not there. The specific scenario is already there in the maternity benefit act, it’s in sec 5
26th April 2017 From India, Mumbai
Though Employee is covered under ESI from 01/01/2017, ESI will provide only Medical benefit, since she has not contributed to ESI in 2 Contribution Periods.Consequently, Employer has to Pay maternity benefit to the extent of 26 Weeks Salary subject to Medical certificate.
Contribution period:April to September & October to March
27th April 2017 From India, New Delhi
Suppose the female employee covered under ESI could not contribute for 70 days in two consecutive contribution periods due to her long absence on loss of pay,will she be given maternity benefits under MB Act.?
28th April 2017 From India, Thiruvananthapuram
Dear Prabhu,
Please find answer to your queries as below :
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this scenario ESI is refused to accept since she has contributed only for three months. So what next to be done. - Ans : As ESIC not applicable to the respective women employee will fall under Maternity Benefit Act and as per new amendment she is entitle for 26 Weeks of paid maternity leave.
2. Should Employer pay the salary or Is there any provision to get it through ESIC. : Ans - Yes, Employer has to pay the salary in lieu of Maternity Leave
3. What if Employer gives Leave without Pay – Is it advisable. - Ans : Not advisable under MB act
4. Is there any rules / judgement passed similar to this case. - Ans : Not so far
Hope the answers will meet your requirements.
28th April 2017
Please log in to ESI IP Portal & take print of her entitlement & put up the same to your management for extending maternity benefit Act, 1961 to her.
28th April 2017 From India, New Delhi
Dear Mr Varghese Mathew Sir,
If Any Woman Employee covered under ESI, is not eligible to Claim Maternity Benefit Provided therein for not fulfilling qualifying conditions, she comes under the Purview of The Maternity benefit Act, 1961.Woman Employee should get maternity benefit from the Employer though she is covered under ESI
28th April 2017 From India, New Delhi
Sri natham, My question is ,if the non-fulfilment of eligibility conditions under ESI (70 days) is due to the fault of the employee,ie under a unauthorised absence.?
29th April 2017 From India, Thiruvananthapuram
#Anonymous
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.
29th April 2017 From Indonesia, Jakarta
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
29th April 2017 From India, New Delhi
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