Is My Spouse Eligible for ESI Benefits if Their Salary Exceeds Rs. 15,000?

Dear Members,

I have a query regarding E.S.I.C. Suppose, an employee is receiving ESI benefits. His/her spouse is also working, but he/she is out of coverage of ESI because the Gross Salary is more than Rs. 15,000 per month. In this case, please let me know whether the spouse is also eligible for ESI benefits.

Thanks and regards,
S Sarkar

Hi Sarkar,

Yes, the spouse is very much eligible. The legislation states that the insured person's spouse is eligible for medical benefits, so there is no question about the spouse's working condition. Without the spouse, the definition of family in the ESI Act is null. Please check the definition for clarification.

With Regards,
Mr. Thumbs Up

Dear Sarkar,

The spouse won't be covered in this case as, to be eligible for coverage, the dependent's monthly income should be less than 5K a month.

Sir, I think there is no monetary limit concerning the "spouse" for receiving medical benefits from ESIS. The limit of Rs. 5000 is applicable only in the case of "dependent parents". Kindly refer to Rule 61-A of ESI (Central) Rules, 1950.