Recently I come with this case.. Please share your view on this..
A female staff is working with us for the past 9 years. In the month of June 2015, she crossed the salary range of Rs. 15K, so that her ESI contribution has been stopped from that contribution period. After the ceiling rise to 21K, she again comes into ESI slab, and started her contribution from Jan'17.
In the month of July'17, she gave birth to a baby. She got treatment from ESI hospital only and got the medical certificate from them. But, when she submit the certificates to ESI BO, they refuse to pay the maternity benefit, stating that she have not completed the minimum requirement to avail the benefit. They asked her to contact the employer for the Maternity Benefit.
Since the organization has simple rule that Maternity Benefit is only for Non ESI employees, she has suffered in both the ends. This issue has been come to my notice and I convinced the top management to consider her case, as she has been associated with us for past 9 years. Also, I'm fighting with ESI, as they themselves are not clear with the rules.
In this case, please share your views...
From India, Chennai
Dear Mr Sarvanan, Please note that it is admitted that Employee in question is covered under ESI at the time of availing Maternity Benefit.But, ESI has refused to give Cash Benefit on the ground that she has not FULFILLED THE Eligibility CRITERIA to get Maternity Benefit.You can log in to ESI IP Portal & take Print of entitlement for various benefits provided therein.I am sure, under Maternity Bnefit-Not Eligible will be mentioned.Consequently, Employer is liable to pay Maternity Benefit, though Employee is covered under ESI.You have to take up the matter with Employer.Employer can not deny the claim solely on the ground that Employee is covered under ESI.If Employee is not eligible to claim under ESI for valid reason, Employer has to Honour such claim
From India, New Delhi
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