Queries
Hi,
My query is regarding ESIC limit increase and also Maternity benefit.
As ESIC limit increases from Rs. 15,000/- to Rs. 21,000/- w.e.f. 01-01-17.
Hence, many of staff members covered under the category of Rs. 21,000/-.
Now, the contribution of ESIC started from 01-01-17 and one of my colleague has taken maternity leave from 06-04-2017 and delivered child on 13-05-2017.
she falls under the category of Rs. 21,000/- her ESIC contribution started from 01-01-17, in this case
Whether she is eligible for 26 weeks maternity leave?
Whether ESIC will pay her maternity leave benefit payment?

Regards,
Kalavati
13th June 2017 From India, Mumbai

PARTICIPATING IN DISCUSSION:
Srinath Sai Ram
Hr Manager
Manojkamble
Sr. Hr Executive
+3 Others

Dear Kalavati,

Yes, your employee is eligible for Maternity leave of 26 weeks and those are supposed to be paid by the employer only. Because for claiming maternity benefits from the ESIC employee has to contribute at least for 2 years.
13th June 2017

If dont know dont post but my humble request is dont mis guide the people... ESIC cash benefit such as maternity benefit will starts after 9 months of her entry into insurable employment and she should have contributed 70 days in the respective contribution period. In ur case, i think employee has not completed 9 months of insurable employment under ESI.... So she is not entiltled for maternity leave under ESI Act.

With regards,
13th June 2017 From India, Hyderabad

Thanks for reply,
Please also note that her DOJ is 23-10-2008, from 2008 to March, 2015 she was falling in category of ESIC and company had paid full contribution. After that her salary was increased and she is out of ESIC category. Now, government has revised the rule from 01-01-2017 and increase the limit from Rs. 15000/- to Rs. 21000/-.

In this case, Whether ESIC will pay her maternity leave benefit payment ?

Regards,
Kalavati
14th June 2017 From India, Mumbai

This case has to be discussed with the ESI regional office itself. If the old ESI number is continued when she joined back in January as ESI employee, she might be eligible for Maternity.

She did not leave the job and rejoined back. Please discuss with ESI department and let us also know.
15th June 2017 From India, Bangalore

Thank you Vshyam Prasad and Mahesh. Now I will take up this matter with ESIC office and let you know the feedback of same. Regards, Kalavati
15th June 2017 From India, Mumbai

Hi,
We have visited ESIC Regional Office, they have rejected our claim on the ground of contribution period and benefit period is not equal to 9 months.
But I want more feedback from all the experts whether we have to revisit ESIC head office for this issue.
They ask us you go to higher authority but we don't have any rule to support this case,
Regards,
Kalavati
13th September 2017 From India, Mumbai

Hi Kalavathi

When the concerned lady was re admitted into ESI did the old ESI number was linked or new one was given.?

If new one is given then may be she has to wait for 9 months.

Regards
Mahesh
14th September 2017 From India, Bangalore

To all members...........

In the reentry cases of maternity, ie., going out of coverage under ESI due to wage ceiling, the cases will be considered as reentry......in such case old number only will be used...........

further regarding maternity benefits..their benefit will starts after 9 months, i.e., if any one reentered from 01.01.2017 due to wage ceiling enhancement or even in the cases of new registration from 01.1.2017, they have to wait 9 months mean from 01.10.2017 only they will be entitled for maternity benefit ,subject to their delivery should be happened on or after 01.10.2017 and they should contribute minimum 70 days in the relevant contribution period............

In the reentry cases even in the relevant contribution period they have 70 days also, if they dont complete 9 months of service of such reentry, they will not be entitled for maternity benefit......

With regards
16th September 2017 From India, Hyderabad

Thank you Vshyam Prasad, according to Regional ESIC Office staff, their views are exactly same as you have narrated. But the DOJ of the staff was 2008, this re-entry because of Government rule change effect from 01-01-17. My argument is that there should be some provision for this type of case too. How authority can ignore the earlier contribution period upto Sept. 2013 and again re-entry on Jan.17.
They have issued ESIC card giving appointment date as 01-01-2017 and linked with old ESIC number.
They have all data of employee but still they are not giving benefit.
I will try once again and will visit higher authority, let's hope for the best.
Regards,
Kalavati
18th September 2017 From India, Mumbai


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