WHO PAYS MATERNITY WAGES ESI OR EMPLOYER? Need Urgent Help

ANEETHA
Hi Everyone,
One of my employee joined in Oct 2016 at that time she was not covered under ESI because of Wage ceiling factor > 15OOO.
Because of recent amendment in Jan 2017, she is falling under esi from Jan 2017 and her wage is < 20,000.
She got pregnancy in the month of Oct 2017. Where we are paying ESI from Jan 2017. ( Employee had ESI Coverage in her previous company but she is having One year gap before joining my company)
Is she is eligible for Wages and leave benefit from ESI scheme ?if so how many months of wage will be paid by ESI? what is the procedure we need to follow?
As she is covered under ESI if she is not eligible for Wages from ESI , will employer need to pay the wages to employee and for how many months?
Please provide your advise and help me.
Thanks
Harsh Kumar Mehta
1. Dear member, the issues relating to eligibility for claiming of benefits under various laws are questions of facts and hence it is difficult to answer the same correctly. Moreover, in the instance as mentioned above, neither the contribution period has closed, nor the benefit period has started. It is also not mentioned as to for how many days, she may be contributing in the present contribution period or in next contribution period. Therefore, it will be more better if the concerned insured woman/claimant may contact the concerned officials/office from which she want to claim maternity benefit.

2. In the case as mentioned in this thread, important date is the expected date of confinement, in respect of which there is no mention in the thread. I hope, you/the claimant insured woman may contact the Branch Office Manager of ESIC to which she is attached alongwith her ESIC Identity Card to know the exact position. Branch Manager ESIC is the appropriate authority to say finally in such matters.
ANEETHA
Thank you Mr. Harsha kumar Mehta. Employee is planning to avail leave from 01 Apr 2017, Expected Date of Confinement June 2017.
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