Navigating ESIC Maternity Benefits: What Happens After a Salary Increase?

ESIC Benefit and Salary Increment Impact

If a female employee is expecting and her salary is such that she is covered under the ESIC benefit, but in between, her increment takes place and she is not under the ESIC benefit anymore, will the company reimburse her, or does she have to claim it under the ESIC Act? The contribution is for the period of April 12 to September 12, but the benefit period for this contribution is January 2013 to June 30, 2013. The female employee is currently 7 months pregnant.

Dear Priyanka, there is a contributory period of ESIC from April to September and October to March, and a beneficiary period from January to June and July to December. If one has made contributions from October '12 to March '13, she will receive benefits until December '13. We cannot stop the ESIC contribution if an increment takes place in January; we have to continue deductions until March.

Hope your query is resolved. All the best to you.

Regards,
Trupti

Maternity Benefits Under the ESI Act

Maternity benefits are available under the provisions of the ESI Act. It is subject to a condition that payment of contribution for a minimum of 80 days should be made in one or two consecutive contribution periods. If the employee was covered (contributions paid) and her benefit period falls on the date of delivery, then it is possible that ESI shall provide maternity benefits. Trupti rightly answered regarding when to stop contributions.

Seniors, please correct me if I am wrong.

Regards,
Suresh

Dear Govind Singh ji,

Greetings of the day! I fully agree with your first part that Trupti ji has correctly answered the query. However, with due respect to you, sir, I differ with your remaining part.

According to Section 65 of the ESI Act, an employee is not entitled to receive two benefits at the same time for the same period. Where an employee is entitled to more than one benefit, he or she has to choose which one of them to receive.

Section 5A of the MB Act

Section 5A of the MB Act states that every woman entitled to the MB under this Act shall, notwithstanding the application of the ESI Act, continue to be so entitled until she becomes qualified to claim MB under the ESI Act.

Regards,

Maternity Benefits and the ESI Act

Please tell me about maternity benefits and the ESI Act. According to the law, the company has to pay 3 months' basic salary to an employee. However, even if she is covered under the ESI, does the company still have to pay the same?

Thank you,

Nikithaa

Maternity Benefit Eligibility Under ESI Scheme

If the expected date of confinement falls within the benefit period of the employee and she is eligible for Maternity Benefit under the ESI scheme, she will be paid benefits by ESIC, not by the company. If she is not eligible under ESI, the employer has to pay if she has worked under the company for 80 days in the 12 months prior to the date of confinement. Similarly, even if her salary has crossed ₹15,000, she will continue to receive ESI benefits until the end of the benefit period.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

If an employee joins with ESIC benefits and after some time, their salary crosses the ESIC limit, will they still be eligible for ESIC benefits? Please help.

Regards,
Biswajit Biswas
[Email Removed For Privacy Reasons]

Thank you for your reply. It's actually a BPO, and we don't have employees whose basic salary is less than 15k. Even then, should we cover ESIC?

Regards,
Nikithaa

Dear Sir,

I would like to know if it is possible to get reimbursement in case of delivery at a private hospital not listed under ESIC, but with a reference letter from an ESIC medical officer to this hospital. If so, how long will it take to get the reimbursement? Also, what are the procedures for it?

In this case, the patient is experiencing certain complications related to her delivery due to a hernia.

I am waiting for your reply.

Thank you.

In the instant case, reimbursement is possible. The time depends on office formalities.