Navigating Maternity Leave: How to Handle ESI Contribution Gaps and Benefits?

I have been employed with the company since 2012. Till March 2016, I was covered under ESI. Later, it changed to a medical claim as my gross was more than 15K. Again, as per the revised ESI rule, from January 2017, I was returned to the ESI facility since my salary did not cross 21K. Now, I am expecting a baby delivery by the first week of August 2017. Since my ESI contribution was not there from April 2016 to December 2016, the officer told me that maternity benefits are not applicable to me. How can I avail of the six-month leave benefit from my employer in this case? Please suggest.

Hi,

It is a very peculiar case. However, if I am correct, though you are not eligible for availing maternity benefits under the ESI Act, you are entitled to get maternity benefits under the MB Act. You are eligible for medical bonus and maternity leave benefits.

Hi,

As Mr. Ramesan correctly stated, you need to submit an application to your management for Maternity Benefits.

Sir, under the ESI Act, any cash benefit requires you to complete 9 months of your first insurable employment. In your case, you were already registered under the ESI Act, but due to a salary enhancement, you went out of coverage and reentered insurable employment effective from 1.1.2017.

It seems that some clarification is needed in such cases from the ESIC HQs. You are advised to approach your concerned Branch Office/Regional Office for further guidelines on this matter.

With regards,

In the ESI Scheme, the Contribution period is from April to September and from October to March. The corresponding Benefit period is from January to June and from July to December.

The Leave encashment for Maternity Benefit can be claimed as the Insured Person is now in the Benefit period.

Yes, you are entitled to Maternity Benefits under the ESI Act as you have been insured and paid contributions since 2012.