Navigating Maternity Leave: Should I Resign or Stay for ESI Benefits?

Please help me. When should I leave the job? My baby's due date is 26th June. For 2.5 years, I have been working in the same company, but I didn't use ESI benefits. Now, I want to take maternity leave from the first week of May. I checked with the ESI doctor, and they told me to work up to the delivery. After delivery, I should come there, and they will provide 84 days of salary.

My question is, if I take leave from May, will I get my salary from ESIC? Alternatively, if I resign from the job in April, what is my last date to use ESI benefits?

If you resign in April, you are also eligible for maternity benefits as your benefit period commences after three months of your contribution period. No need to worry; you can resign and avail of the benefits.

Clarification on Maternity Benefits Under ESI

Dear member, it is incorrect to state that an ESI doctor will "give 84 days salary." An ESI dispensary or doctor examines the insured woman and issues her medical certificate(s) for sickness and, in your case, regarding maternity benefit. These certificates must be deposited with the appropriate Branch Office of ESIC to which you are attached, or in the case of an online procedure (if in operation), they are sent to the Branch Office automatically. Therefore, it would be better if you visit the Branch Office of ESIC to which you are attached. The "salary" you mentioned is not the proper term as far as the ESI Act and rules/regulations are concerned. It is called "maternity benefit." Further, it is up to the appropriate Branch Office to certify your eligibility for the said maternity benefit.

There are certain conditions to be fulfilled to obtain the maternity benefit under the said Act, and obtaining medical certificates from the ESI dispensary and submitting them to the Branch Office of ESIC along with your claim is one of them. Therefore, it would be better if you contact the Branch Office Manager of the area to which you are attached. After consulting the records, only the Branch Office can confirm whether you fulfill all the conditions for payment of the above benefit.

In my opinion, you can receive the maternity benefit for the eligible period as may be certified by the concerned ESI doctor/dispensary, subject to a maximum as laid down under the said Act. There appears to be no requirement of leaving the job as per the provisions of the said Act.

Regards

Hi Sir,

This is K Suresh from Nandigama. I am working in a private institution. I am resigning from my job in June 2016. Can I now use ESIC benefits or not? Please advise me.

Entitlement to ESIC Medical Benefits

You will be entitled to medical benefits (medical facilities) from ESIC up to the close of the current benefit period, provided you were entitled to such benefits due to the minimum contribution as required under the ESI Act and the rules/regulations framed thereunder.

The current benefit period started on 1st July 2016 and will close on 31st December 2016. However, eligibility will depend on the records of your contributions as may be available with the ESIC Branch Office to which you are attached. Therefore, it is better to contact the concerned office and ascertain the position accordingly.