Harsh Kumar Mehta
Consultant In Labour Laws/hr
Manojkamble
Sr. Hr Executive

#Anonymous

We are an SME & have a lady under ESIC cover who wishes to avail maternity benefit.
She has applied for leave from 1st Jan 18 where her due date is last week of Jan or 1st week of Feb.
What is the procedure that we need to follow?
Do we need to inform ESIC about her maternity leave?
How will the benefit be given, ESIC gives to company & then we give her or ESIC gived directly to employee?
She will mostly go for the delivery in private hospital & not in ESIC network hospitals.
29th December 2017 From India, Mumbai
Please find details as below :
What is the procedure that we need to follow? - Employee who want to take benefit under ESIC for maternity need to have minimum 2 years contribution to ESIC. Also, she need to register with nearest ESIC dispensary for the same.
Do we need to inform ESIC about her maternity leave? - No need to inform from the employers end.
How will the benefit be given, ESIC gives to company & then we give her or ESIC gived directly to employee? - ESIC will pay the benefit directly to the employee.
29th December 2017
1. Sir, it is wrong to suggest that in order to claim maternity benefit"need to have minimum 2 years contribution to ESIC". Hope, Sr.HR Executive must reconsider this submission made by him. Please see Rule 56 of ESI (Central) Rules, 1950 which lays down the condition of eligibility for maternity benefit as " "not less than seventy days in the immediately preceding two consecutive contribution periods". A contribution period is of 6 months.
2. Further ESIC has its own procedure of determining the eligibility of different benefits including maternity benefit. The claimant has to present himself/herself alongwith his/her Pehchan Card before the ESIS doctor to which he/she is attached and get himself/herself examined. ESIS doctor issues medical certificate periodically on each visit and on the basis of such medical certifications, benefits as due are calculated and paid by the ESIC Branch Office Manager directly to the insured persons.
3. Therefore, it will be more better if to advise the concerned insured woman to contact her ESIS dispensary as well as ESIC Branch Office to which she is attached. The duty of principal employer is only to ensure that the compliance has been made in respect of said insured woman and above all most important she has been provided PEHCHAN CARD by the principal employer after collecting the same from appropriate Branch Office.
29th December 2017 From India, Noida
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