Navigating Maternity Leave on Probation: Can We Access ESI Benefits?

Dear Seniors, please help. My wife joined a private organization on 23/12/2013 with a pay of Rs.11,500, and she is entitled to ESI. Now she is pregnant, and the expected date of delivery is in October 2014. When we checked with HR, they said she is not eligible for maternity leave/benefits as she is on probation and has not completed one year. We even inquired about the possibility of unpaid leave as we do not wish to leave the job after delivery.

Kindly advise and assist me with the procedure for availing ESI benefits.

Thank you in advance.

Regards, ENOSJ

If she works for at least 70 days during the period from December 23, 2013, to March 31, 2014, and pays contributions for 70 days, then she is entitled to benefits provided the expected date of delivery is after September 23, 2014.

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

She is eligible for maternity benefits. If the company does not allow that, then the only way is to send a legal notice to the company. You can contact the labor officer, and he can send the show cause notice to the company.

There is no need for a legal notice to the employer. She is covered under ESIS. The company is not liable. ESIC will pay compensation.

Regards,
Varghese Mathew

Understanding ESI Benefits for Maternity Leave

The benefits under the ESI Act, 1948 are provided automatically to entitled employees, provided they are eligible and follow the procedures as laid down. There is no probation period; however, the conditions include payment of contributions for a minimum number of days as specified and the submission of returns by the employer.

In my opinion, the insured woman should visit the appropriate Branch Office of ESIC along with her Identity Card to verify her eligibility for medical and maternity benefits available under the ESI Act.

The Insured Woman seeking maternity leave based on her eligibility should also visit her ESI dispensary to consult the Insurance Medical Officer and understand the procedures for claiming maternity benefits. Without submitting proper medical certificates from an authorized ESI dispensary or hospital, it may be challenging for the ESIC Branch office to release any cash benefits to the insured woman.

I am providing you with some important information regarding the acts related to your situation.

Maternity Act of 1961

According to the Maternity Act of 1961, Clause No. 5, Point No. 2 states that no woman is entitled to maternity benefits unless she has worked in the employer's establishment for a period of NOT LESS THAN ONE HUNDRED AND SIXTY DAYS in the twelve months leading up to her expected delivery date.

ESI Act of 1948

In reference to the ESI Act of 1948, the Contribution Period is divided into two parts: 1) 1st April to 30th September and 2) 1st October to 31st March. The Benefits Period is determined by the individual's first contribution period, which is calculated based on their date of joining insurable employment. For instance, if a person starts employment on the 5th of January, their first contribution period will be from the 5th of January to the 31st of March, and their corresponding first benefit period will be from the 5th of October to the 31st of December.

In summary, concerning your situation, you can utilize the benefits related to hospitalization at an ESI hospital if your employer has deposited the contributions from the date your wife joined the organization.

Regards,
RAJESHVEER MAURYA
SR. OFFICER-ADMIN/HR

Concerns About Maternity Leave and ESIC Card

Thanks to all, here is my concern: HR mentioned that if you have completed at least one year, we would have given you maternity leave/benefit. They suggested resigning in the 7th month and rejoining after delivery. The date of joining is 23/12/2013, and we still haven't received the ESIC Card. Please guide us.

Please provide more details on the contribution period. My wife joined the organization on 23/12/2013. Please guide us on when we should contact the ESIC and what documents are required to avail of the maternity benefit and how the transaction happens.

How should we approach HR, and kindly suggest the procedure to apply for maternity leave, as we do not want a gap in her career.

Regards.

Maternity Act Rule: Dismissal During Absence of Pregnancy

(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. It is also unlawful to give notice of discharge or dismissal on such a day that the notice will expire during such absence or to vary to her disadvantage any of the conditions of her service.

(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman, but for such discharge or dismissal, would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus.

Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.

1[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which the order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed. The decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed, shall be final.]

(c) Nothing contained in this subsection shall affect the provisions contained in subsection (1).

In this matter, you need to contact the labor welfare officer/Commissioner of the region where the factory/office is located.

Further, during the maternity period, please do not give resignation. Company HR may willfully misguide you. Take the opinion of the Head of HR or contact the labor office.

Regards,
Rajesh

When the insured woman/employee is covered under the provisions of the ESI Act, 1948 (as mentioned by the initiator of this thread), in my opinion, the Labour Department or any of their officers will have no jurisdiction. The provisions of the Maternity Benefit Act, 1961 will also not be applicable. The employer will be right in rejecting the claim under the Maternity Benefit Act since the employer will be contributing under the ESI Act in respect of the said insured woman. Kindly see Section 53 of the ESI Act, 1948.

In my opinion, efforts should be made to obtain an ESIC Identity Card, and for this purpose, the HR officials or officials dealing with ESI matters in the establishment should be asked to provide the Identity Card. The rest of the procedure has been mentioned by me in my comments earlier.

ESIC Card and Contribution Period

DOJ is 23/12/2013. Till now, we haven’t received the ESIC Card. Please guide.

Please provide more details on the contribution period. My wife joined the organization on 23/12/2013.

Maternity Benefit and Required Documents

Please guide us on when we should contact the ESIC and what documents are required to avail of the maternity benefit. How does the transaction happen?

Attribution: https://www.citehr.com/484481-matern...#ixzz2tC0wLtUe

Firstly, kindly obtain an Identity Card for the Insured Woman. This can be obtained through the HR official or the person handling ESI work within the employer of the insured woman. In order to claim Maternity Benefits under the ESI Scheme, the payment of contributions for 70 days in the two preceding contribution periods (one year) is a requirement.

Once the Permanent Identity Card is obtained, the Insured Woman can visit the appropriate Branch Office of ESIC and the relevant ESI Dispensary to understand her entitlements and undergo a medical check-up at the dispensary. I suggest that the Insured Woman takes this step after June 2014, specifically in July 2014, when the present contribution period will be completed, and a new benefit period will begin. This will ensure that the insured woman is clear about her entitlement to benefits.

When the insured woman/you visit the ESIC Branch Office and ESI dispensary to discuss the matter, I believe you will receive answers to all the questions you have raised in the previous columns.

Thank you.

I have reexamined the matter and have come to know that, as per the Proviso to Regulation 4 of ESI (General) Regulations, 1952, the first benefit period in your case will start after 9 months from the date of employment. Therefore, the eligibility to claim maternity benefits before 23/09/2014 is doubtful. I suggest you contact the appropriate Branch Office of ESIC to clarify the correct position in this matter.

Eligibility for Maternity Benefits

Her expected date of delivery (EDD) is in October 2014. Hence, she is eligible for benefits if she has contributed for at least 70 days.

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