Navigating ESIC Maternity Leave: How Does Re-registration Affect My Benefits?

My name is Rashmi Nagesh, working in a private company for the last 6 years and covered under ESIC. Now, I am in need of maternity leave. My date of appointment in the company was 19/10/2011, and the registration date with ESIC was 16/11/2011. In October 2017, I approached ESIC to request leaves. They provided me with sick leave as I needed to be admitted to the hospital. Consequently, my working days for November were 24, and for December, it was none. I had already informed my company via email about my need for sick leave for a month. In this situation, my branch manager mentioned the possibility of continuing these leaves with maternity leave since my maternity leave was about to begin. While I was hospitalized, the ESIC medical referee advised me to start maternity leave.

When I presented my maternity leave certificate at the branch office, I discovered that in the contribution list for December 2017, it stated that Rashmi had left the service, with no contributions due to my absence. Subsequently, I learned that there had been a miscommunication between the branch office and the Head office. Upon approaching the HR department at the Head office, I was informed that they would proceed with the re-registration of my IP. On the same day, the IP was re-registered with the same insurance number, but the date of appointment was altered.

Kindly advise on the following:

1. Will my contribution for all 6 years be visible, considering the change in my registration date from 16/11/2011 to 01/12/2017, although my original date of appointment remains the same, i.e., 19/10/2011?

2. Am I eligible for 6 months of maternity leave?

3. Will I receive reimbursement for private hospital expenses in case of an emergency?

Understanding Maternity and Other Benefits under the ESI Act

The payment of maternity benefits or any other benefits under the scheme of the ESI Act, 1948, and the rules/regulations framed thereunder is dependent on the contributions which the insured woman has paid/contributed. These contributions must be available as per the records submitted by the employer to the concerned Branch Office of ESIC.

If your date of fresh appointment is shown as 01/12/2017 (with another insurance number), it may be doubtful if you will be eligible for sickness benefits (cash benefits for leaves) or maternity benefits. Every insured person/insured woman must verify their contribution under the above Act and must also have a valid PEHCHAN CARD under the same Act.

Steps to Address ESIC Concerns

Under these circumstances, as mentioned in your topic, it would be advisable to contact the Branch Office Manager of ESIC to which you are attached, along with necessary records, such as your old PEHCHAN CARD and your pay slips depicting your deductions since the year 2011. Hopefully, the concerned Branch Office Manager may assist you in this matter. In my opinion, re-registration of any insured person with a fresh date is not a good or valid option. If there was any mistake in records generated by the employer, it could have been manually corrected by submitting a written request and personally contacting the ESIC Branch Office or as may be directed by the said office.

With best wishes.

Dear member,

I believe you will be eligible for maternity benefits if your new registration shows the same old insurance number and contributions for the minimum old periods as required under the said Act and rules/regulations framed thereunder. As mentioned above, I hope you will discuss the issue with the concerned ESIC Branch Office.

Dear sir,

Kindly suggest something for Form Number 21. The ESIC officer is asking me to obtain Form 21 for maternity leave. However, the concerned person is informing me that we do not have such a form available.

Kindly advise.

Best Regards,
Rashmi

Since, as per your remarks in the above thread, you are in need of maternity leave, I feel that you should get yourself medically examined by the concerned doctor at the appropriate ESIS dispensary to which you are attached, after showing them your PEHCHAN CARD. If found appropriate, the ESI doctor at the dispensary will issue a medical certificate, and you will be given two copies of the certificate. One copy is required to be deposited by you at the ESIC Branch Office, and another copy is to be handed over to your employer. Initially, no payment will be made based on the first certificate, as it is the initial certificate. Subsequent certificates may require the Branch Office, ESIC to make periodical payments if you are entitled to them.

Regarding Form 21

It appears that it is not relevant in your case currently. There have been amendments in ESIC procedures and laws in the past, which may have led to changes in the form numbers. However, the Branch Office may still be following the old procedure. Therefore, it would be advisable to follow the procedure as indicated by the ESIS dispensary for obtaining medical attention and maternity leave.

Thank you.