Confused About Maternity Benefits Due to Job Break? Here's My ESI Dilemma

Hi, I was working in an office from October 2013 to May 2016, covered by ESI. Due to my marriage, I discontinued my job at that factory on June 11, 2016. After that, I joined another factory in September 2016. In my new office, they started to pay me from January 2017 under the same ESIC number. My due date is August 1, 2017, and I want to avail maternity benefits. When I visited the ESI branch office, the executive told me that I cannot avail maternity benefits, even though I had been paying for the past three years. This is because there was a break from June 2016 to December 2016, and my fresh appointment was only in January 2017. They mentioned that 9 months have to be completed to avail maternity benefits. Is that correct?

As far as my knowledge is concerned, the ESIC authority has rightly advised you that your contribution days for the RC period ended on 30.09.16 can be presumed to be 61 days only (April 30, May 31). Your entitlement for maternity benefits requires at least 78 days of contribution for this period. Furthermore, there is a break of more than 7 months, and your contribution days for the period from September 16 to March 17 can only be 90 days. After discontinuation, nine months of contribution are required to avail of such benefits, including general sickness.

From the contribution period from September 2015 to March 2016, I paid. From April 2016 to September 2016, I paid three months of ESI, which is over 90 days. From October 2016 to March 2017, I paid for January 2017 and will continue paying until August 2017, up to my due date, despite a gap. I managed to make the minimum contribution for 76 days. There was a mistake in my initial post. I was working from September 2013 to June 11, 2016, and ESI payments were made until June.

Dear member,

The appropriate ESIC Branch Office to which you are attached is the authorized office to certify the eligibility or otherwise of any insured person regarding entitlement to various benefits under the ESI Act. If you have any doubts about the information provided by the branch office regarding your entitlement, you can approach higher authorities, such as the Director/Regional Director, Sub-Regional/Regional Office of the ESIC in the concerned region where your unit is situated.

Thank you.

Eligibility for Maternity Benefits Under ESI

By means of Rule 56(1) of ESI (Central) rules, an insured woman shall be entitled to maternity benefits for confinement occurring or expected to occur during the benefit period if she has paid contributions for 70 days in the immediately preceding two contribution periods. The words "immediately preceding two contribution periods" are very important. Since your expected date of delivery falls in August 2017, the corresponding contribution period should be April 2016 to September 2016. The period prior to April 2016 is irrelevant for the benefit. However, since you have paid for more than 70 days in the two contribution periods, you should be eligible for maternity benefits from ESIC.

Regards, Madhu.T.K

Hi, I have been working in a pharmaceutical company for the past 2 years, and I am currently on maternity leave from 1st January 2017. My leave is scheduled to end in March 2017. I would like to know if the maternity amendment bill is applicable to me and if I can extend my maternity leave.

Today from India, Chandigarh

Hi, I am working in a company since January 2015 and have been a member of ESIC since January 2015. Currently, I am on maternity leave starting from January 1, 2017, and my maternity leave is scheduled to end on March 31, 2017. Can you please confirm if, according to the new amendment in ESIC maternity leave policies, I am eligible for six months of leave benefits or not?

ESIC has increased the maternity leave from 12 weeks to 26 weeks with effect from 20th January 2017. Therefore, if the childbirth had taken place on or after 20th January, you would get the benefit of 26 weeks' leave. In case the childbirth happened before 20th January, the same 12 weeks' leave will be available.

Please note that there should be some cutoff date for the enforcement of any law, and for the ESI Corporation, it is 20th January 2017 regarding the extension of maternity leave.

Madhu.T.K

What is wrong with this is that many people, like me, are members of the Employees' State Insurance Corporation (ESIC). They contribute a portion of their salary, so they should benefit from the 26 weeks of maternity leave.

If ESIC leave falls in two benefit periods, how is it calculated?

Sickness Benefit Under ESI Rules

Sir, as per Rule 55 of ESI (Central) Rules, 1950, an insured person, if entitled by virtue of his contributions, can claim sickness benefit for a maximum of 91 days in any two consecutive benefit periods. Therefore, there is no problem if the sickness falls under two consecutive benefit periods. A ceiling of 91 days is observed in sickness cases. If the sickness starts on 1st December, the benefit will cease after the employee has been paid for 91 days. It is also considered whether the insured person had received any sickness benefit during the earlier benefit period before 1st December; in such cases, the benefit days will be adjusted accordingly.

Ceilings for Other Benefits

Furthermore, there are separate ceilings for maximum benefits concerning maternity benefit, long-term disease cases (ESB), and, as far as I am aware, there is no benefit day limit for accident cases. Once the insured person is declared fit by the competent authority/doctor, the payment of such benefits stops.

Role of the Branch Office Manager

All such calculations are carried out by the Branch Office Manager of ESIC to which the insured person is assigned.