Navigating Maternity Leave: Will ESI Cover Benefits or Is It on the Company?

Dear Seniors,

One of our employees has come under ESI (from Jan 2017) due to recent changes. She will be going on Maternity leave from April 2017. Please let me know whether she will be getting maternity leave benefits (salary, etc.) from ESI, or if the company has to provide that.

Please help.

Thanks, Meenu

Has she got herself registered with any panel doctor or ESIC dispensary? Because the establishment had to issue TIC within two weeks of joining, i.e., 14/01/2017, so she must have joined at some point to get service. If she has done it, then surely they will allow the benefits. To get the facilities, all formalities should be maintained in the proper way.

I believe the woman employee will not be eligible to receive Maternity Benefit from ESIC due to the fact that as of 01/04/2017, the benefit period for the corresponding contribution period will not commence. However, if the aforementioned woman employee was covered earlier, for instance, for the contribution period ending in September 2016, then the situation could be different. It would be even better if you or the said woman employee, if interested, could reach out to the appropriate branch office manager of ESIC to inquire about the issue raised in this thread.

Thank you.

If IP was earlier a member of ESI in the same establishment and due to a wage hike got excluded, then I don't think that there shall be any issue. But if the IP is a first-time registrant under ESIC, then it would be a matter to discuss with the local panel doctor or ESIC dispensary. Because without 78 days of contribution, the benefits do not start for new members.

Also, if she wishes to get it from April and does not have any absence in these three months, then ESIC would not restrict.

Ask the IP to register her pregnancy with ESIC, validate her card. Doctors will prescribe medicines and instructions, which she has to follow. Medicines are free at ESIC dispensary. Once the case is accepted by the dispensary, the balance they will do, just on request and status. So that the benefits would not get stuck. Merely contribution does not entitle the employee to such benefits.

She won't be eligible for ESI benefits as per Rule 56 of ESI rules. However, the company shall pay her maternity benefits as per Section 5A of the Maternity Benefit Act.

If I joined on 16 Jan 2017, now I come to know that I'm pregnant. Am I eligible for maternity leave as per ESIC or not?

Yogita