Why Was Maternity Leave Denied Despite 6 Months of ESIC Contributions? Seeking Advice

Hi all, I have a query regarding Maternity Benefits. I work as an HR in a private company. We recently (from January 1st, 2017 onwards) covered all employees under ESIC who earn less than ₹21,000 per month. Before that, we had a separate Mediclaim for those whose gross salary was greater than ₹15,000 per month.

An employee delivered a baby on July 7th, 2017. She was under Mediclaim until December 31st, 2016, and from January 1st, 2017 onwards (as per the Government Order), she falls under ESIC contribution.

Initially, she submitted her Maternity leave form-23 to ESIC. However, within 15 days, ESIC canceled her maternity leave due to insufficient service period in ESIC. My question is, we paid her contributions from January 2017 to June 2017. During these 6 months, she worked a minimum of 120 days (approximating to 20 working days per month for 6 months). Why is ESIC not willing to provide maternity leave to this employee, given that she paid her contribution for 6 months (January 2017 to June 2017)?

If the company wishes to pay and provide her eligible leave, please advise me on how to explain to my management that she is eligible under the company Mediclaim with these specific clauses (please provide the clauses).

I appreciate your help in resolving this matter promptly. Thanks in advance.

Regards,
Pragadeeswaran R
[Phone Number Removed For Privacy-Reasons]

Dear Pragadeeswaran R,

I just want to inform you that in the ESIC Act for maternity benefits, IW can be eligible for maternity benefits in the following situation:

For example:
- Her date of joining is 01/02/2017.
- Her leave period starts after 01/11/2017.
- Her expected date of delivery will be after 01/11/2017.
- A total of 9 months of completion is required from the date of joining to the date of maternity leave period.

Thank you.