Am I Eligible for ESI Maternity Leave Benefits if Payments Started After My Joining Date?

Hi, I am working as an HR Jr. Executive in a newly establishing hospital. My query is: am I eligible for ESI leave benefits as I started my career in February 2018, and my due date is April 2019? However, my organization started paying ESI from June 2018. Am I eligible for leave benefits or not? If so, what will be the procedure?

Dear Jyothika,

You can avail maternity benefits for 26 weeks subject to payment of contributions for not less than 70 days in the immediate preceding one or two contribution periods. The benefit can be claimed at any time prior to 8 weeks of the expected date.

Shailesh Parikh
99 98 97 10 65
Vadodara

You can avail the benefit under the ESIC Act only. Under the Maternity Benefits Act of 1961, a woman employee is entitled to maternity benefits at the rate of her average daily wage for the period of her absence, for a maximum period of 26 weeks.

Eligibility for ESIC Benefits

Sec - 50 of the ESIC Act 1948 states that subject to payment of contribution for not less than 70 days in the immediate preceding one or two contribution periods, the benefit is given as 100% of the daily average wage.

Restriction on Dual Benefits

Sec - 61 of the ESIC Act 1948 mentions that when a person is entitled to any of the benefits provided by this act, he/she shall not be entitled to receive any similar benefit admissible under the provisions of any other act.