Dear All,
I have an issue regarding Maternity Benefit under ESI to one of my employee.
Let me tell you in brief.
One of my employee was under ESI and she has been enjoying all ESI Benefits under ESI for more than 3 years. When her salary increased above Rs.10,000/-, (Salary limit for ESI at that time) she had came out of ESI. Later when ESI Limit was enhanced to Rs.15,000/-. she was reinstated under ESI in may-2010 since her salary was Rs.12,000/-.
Now she is under leave for maternity starting Dec-10 (12 weeks - 3 months) and was under treatment with ESI till the date of Leave. After delivery, when she approached the ESI for reimbursement of maternity expenses, they refused saying that nine months have to be completed for claim. Since she was reinstated under ESI in May-10, she is not eligible for any maternity benefit. I also would like to mention that on reinstatement under ESI, she was given the same ESI Card number which was given before reinstatement.
Can somebody give me clarity on this, whether is there any such rule under ESI Act? If so, is there any otherway she get's her expenses claimable?
Now this employee was not paid any salary since Dec-10 thinking that she was under ESI. Now wht to do? I am also facing similar problem with one of my male employee where his father was denied treatment for the same reason. he was also re-entered ESI on enhancement of ESI limit to Rs.15,000/- since his salary is Rs.12,000/-.
KIndly advise.
Regards,
Krishna T B R
I have an issue regarding Maternity Benefit under ESI to one of my employee.
Let me tell you in brief.
One of my employee was under ESI and she has been enjoying all ESI Benefits under ESI for more than 3 years. When her salary increased above Rs.10,000/-, (Salary limit for ESI at that time) she had came out of ESI. Later when ESI Limit was enhanced to Rs.15,000/-. she was reinstated under ESI in may-2010 since her salary was Rs.12,000/-.
Now she is under leave for maternity starting Dec-10 (12 weeks - 3 months) and was under treatment with ESI till the date of Leave. After delivery, when she approached the ESI for reimbursement of maternity expenses, they refused saying that nine months have to be completed for claim. Since she was reinstated under ESI in May-10, she is not eligible for any maternity benefit. I also would like to mention that on reinstatement under ESI, she was given the same ESI Card number which was given before reinstatement.
Can somebody give me clarity on this, whether is there any such rule under ESI Act? If so, is there any otherway she get's her expenses claimable?
Now this employee was not paid any salary since Dec-10 thinking that she was under ESI. Now wht to do? I am also facing similar problem with one of my male employee where his father was denied treatment for the same reason. he was also re-entered ESI on enhancement of ESI limit to Rs.15,000/- since his salary is Rs.12,000/-.
KIndly advise.
Regards,
Krishna T B R