Can a Woman Employee Use Both ESI and Maternity Benefit Act 1961 Simultaneously?

Hi Seniors, would you please tell me if a woman employee can avail both ESI maternity benefit and maternity benefit under the Maternity Benefit Act 1961 at the same time?

Regards,
Rejimon

No, if the female employee is entitled to receive maternity benefits under the ESI Act of 1948, then she is not eligible to claim these benefits under the Maternity Benefit Act of 1961.

Regards,
R.N. Khola

A woman who is entitled to maternity benefits under the ESI Act can also receive Maternity Benefit from her employer. Although the employer is not legally obligated to provide Maternity Benefit when she is covered under the ESI Act, he can choose to do so. There is no restriction on claiming Maternity Benefit from both sources.

Regards,
N. Lokanadha Babu
Manager - HR
NRI Academy of Sciences

Maternity Benefits and ESI Coverage

The employer can pay the maternity benefits even if the employee is covered by ESI. However, the ESIC will not pay the benefits if the employer is paying them! The ESIC can hold it or even direct the employee to refund the amount already paid by the Corporation if the Corporation finds that she has received a salary (maternity leave salary) during the period of her ESI leave.

Regards,
Madhu.T.K

There is a specific bar under Section 61 of the ESI Act (reproduced below) regarding receiving benefits under the provisions of any other enactment.

Bar of Benefits Under Other Enactments

When a person is entitled to any of the benefits provided by this Act, they shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.

Thanks,
V K Gupta