Can a Government Employee Spouse Be a Nominee and Use ESI Benefits? Seeking Clarification

Dear Sir,

A female employee is covered under ESI, and her husband is a Government Employee. Being a family member, can he be nominated as a nominee under the ESI, and is he also eligible for ESI medical facilities? In another similar case but not involving a Government employee, the ESI dispensary has insisted on an affidavit stating that her husband is dependent on her to avail ESI facilities. I request clarification.

Thank you.

Nomination of Husband Under ESI Act, 1948

Sir, I believe there is no harm if the husband is declared as a nominee under the ESI Act, 1948. I think the husband of a covered insured woman is also entitled to medical benefits as a member of her family, as outlined in section 2(11)(i) of the said Act, even if he is a government employee. I don't think there is any restriction for government employees to avail ESIS medical facilities if they are entitled by the insurable employment of their spouse.

Affidavit Requirement for ESIS Facilities

Furthermore, I believe that once the insured woman has declared her husband as her "family" member, the officials of the said dispensary should not request any such affidavit. However, for more accuracy, if the ESIS dispensary is insisting on the above type of affidavit, you can discuss the issue with the ESIC Branch Manager as well as with the Deputy Director (Benefit Branch) of the Sub-Regional/Regional Office, ESIC to which the said unit is attached.

Lack of Instructions on the Issue

I have not come across any instructions issued by the above department on the aforementioned issues. I hope you will also inform me if the decision or correct position differs, so that I can refresh and update myself on the matter.