ESI Claim non-eligibility because he didn't complete 9 months

Krishna T B R
One of my colleague had joined our company on 01st August, 2017. he met with an accident on 04th of March 2017 at his native place.
He went to ESI hospital locally for treatment and had taken certificate of treatment from time to time. He didn't attend office from 04th March to 30th April, 2018 during which the company didn't pay any salary to him as he was not having any leaves left at that time.
When we contacted ESI about his claim for loss of salary during his absence and while underwent treatment with ESI, we were told that He is not eligible for reimbursement of salary because he didn't complete 9 months.
Can somebody help him out in this regard? is there any way he gets reimbursed by ESI?
KK!HR
The benefit period starts for a new employee only after nine months of employment. So for getting paid for absence on ESI leave a fresh employee has to await nine months. The following extract of ESI regulation clarifies the position.
Contribution and benefit periods
Contribution periods and the corresponding benefit periods shall be as under:
Contribution period Corresponding benefit period
1st April to 30th September 1st January of the year following to 30th June
1st October to 31st March of the year following. 1st July to 31st September.
PROVIDED that in the case of a person who becomes an employee within the meaning of the Act for the first time, the contribution period shall commence from the date of such employment in the contribution period current on that day and the corresponding benefit period for him shall commence on the expiry of the period of nine months from the date of such employment.]
Krishna T B R
In such case, can he submit his claim after completion of nine months, will it be accepted?
Please clarify.
Thanks & Regards,
KRISHNA T B R
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