Understanding ESIC Maternity Benefits: What Are the Eligibility Criteria?

What is the criteria for getting maternity benefit in ESIC?

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The criteria for receiving maternity benefits in ESIC include meeting certain conditions such as contributing to the ESIC fund for a specified period before the expected delivery date. Additionally, the pregnant woman should be an active ESIC member to be eligible for maternity benefits. It is essential to fulfill these requirements to avail of the maternity benefit provided by ESIC.

Hi Everyone,

Can anybody tell me the eligibility criteria for Maternity Benefit?

For ESI, the waiting period is 9 months, i.e., an employee/dependent cannot avail ESI benefits for maternity leave unless 9 months have been completed from the date of joining.

Just an addition to the points mentioned by Mr. Prashant Ingawale - Employees or dependents cannot claim Maternity Benefits from ESIC until they have completed 2 years with ESIC.

Maternity Benefit Eligibility in ESIC

Maternity benefit is available to an employee only during her benefit period. Moreover, she should have contributed for at least 70 days in the two contribution periods immediately preceding the date of delivery. In respect of any new employee, the first benefit period is roughly 9 months after joining. This will cover two contribution periods. If so, there should be 70 days of contributions. However, a woman employee will get medical benefits from the ESI even if she is not eligible for leave and other admissible benefits.

There is nothing in the ESI Act which says that maternity leave will be given only after 2 years of service. Moreover, no dependent or wife of an employee covered by ESI will get maternity benefit other than the medical benefits available at ESI hospital.

Regards, Madhu T K

ESI Contribution Period & Corresponding Benefit Period:

CONTRIBUTION PERIOD:
1st April 2017 to 30th September 2017 - Benefit Period: 01/01/2018 to 30/06/2018

1st Oct 2017 to 31st March 2018 - Benefit Period: 01/07/2018 to 31/12/2018

Minor correction to Mr. Manoj's post: A 2-year service period with contributions is required for super specialty treatment. Maternity benefits are available, as mentioned by Mr. Madhu T. K.

Please let me know if you need any further assistance.

Maternity Leave for Contractual Employees

Kindly advise: Is maternity leave and benefits applicable to contractual employees? One of my friends joined a company on 22nd Feb 2017 as a fixed-term employee (one-year contract), and nothing was mentioned in her offer letter regarding maternity leave. She is expecting a baby and wants to take maternity leave from 1st Dec 2017. Can she avail maternity leave from her company, considering she is under ESIC? Furthermore, can her current company release her from her job in Feb 2018 as her contract is set to expire, even though some of her colleagues who joined at the same time may receive further extensions?

Regards

Eligibility for Maternity Benefits in ESIC

There is no difference between a regular employee and a fixed-term contract employee regarding the applicability of maternity benefits. However, her contract with the company will be automatically terminated on 21st February 2018, and that cannot be challenged. You cannot demand an extension.

Since she has completed 9 months of service and has contributed for 70 days in two contribution periods (Oct 16 to March 17 and April 17 to Sept 17), she should be eligible for maternity leave from ESIC. For ESI, there is no distinction between regular employees or FTC employees; what matters is whether she has paid contributions for 70 days in two consecutive contribution periods or not.

Regards, Madhu T K

I agree with the comments of Mr. Madhu T.K. Moreover, an employee can check his/her entitlement from their own login. The procedure is simple:

- Type ESIC: Portal Application
- Put the username as IP/IW number
- Click on the blue-colored link "Entitlement to Benefits"
- Now check the second line for Maternity benefit (Yes/No).

A simple way to check all your eligibility for benefits, biodata, contribution records, update Aadhar details, status of your claims, and provide feedback or opinions.

Applicability of Maternity Benefits (Amendments) Act, 2017

What is the definition of wages under the ESI Act for checking the Rs. 21,000/- threshold limit? (CTC these days comprises Basic + DA + HRA + Commuting Allowance + Medical Allowance + Special Allowance + PF Contribution + ESI Contribution + Insurance cost, if any).

Will the full salary be paid during maternity leave, and if so, who will pay – the Employer or the ESI department? What is the defined procedure for claiming this?

What is the definition of "the average daily wage for the period of a worker's actual absence from work"?

Are facilities like a creche and provision of work from home not available?

Thank you.