Harsh Kumar Mehta
Consultant In Labour Laws/hr
Hr Professional

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Dear Sir,
An women employee is covered under ESI and her husband is a Government Employee. Being a family member, can he be nominated as a nominee under the ESI and also is he eligible for ESI Medical facilities ? . In another similar case but not Government employee, ESI dispensary has insisted an affidavit stating that her husband is depending on her to avail ESI facilities. Request for clarification.

1. Sir, I think, there is no harm in case husband is declared as a nominee under ESI Act, 1948. I think, husband of a covered insured woman is also entitled for medical benefit being member of her family as laid down under section 2(11)(i) of said Act, even though he may also be a government employee. I think, there is no bar for a government employees to avail ESIS medical facilities if they are entitled by virtue of insurable employment of their spouse.
2. Further, I think once the insured woman has declared her husband as her "family" member, the officials of said dispensary should not demand any such affidavit. However, in order to be more correct, it will be more better if ESIS dispensary is insisting for above type of affidavit, then you can discuss the issue with ESIC Branch Manager as well as with Deputy Director (Benefit Branch), Sub-Regional/Regional Office, ESIC to which the said unit is attached.
3. I have not found any such instructions issued by above department on above issues. Hope, you will also let me know if the decision/correct position is something else, so that I may be able to refresh and update myself on the issue.

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