Can My Wife Still Get Maternity Benefits If She's Been Off Work Due to Pregnancy?

My wife is pregnant, and the expected date of delivery is 18 Sep 2020. She has not been at work since 22 Jan 2020 due to pregnancy.

She has the following work contribution:
- March 19 to Sep 19: 148 days
- Oct 19 to March 20: 90 days
- March 20 to Sep 20: 0 days

Her employer is saying she will not be receiving any maternity benefits since she has not been at work (according to their consultant's opinion). Will she still get maternity benefits?

If she is not covered under the Employees' State Insurance (ESI) Act, then the employer would be liable under the Maternity Benefit Act, 1961. She fulfills the eligibility period of service as per the Act.

Dear Ganesh,

Please log in to the ESI IP Portal with your ESI Insurance Number and check eligibility for Maternity Benefit. If you are not eligible under ESI, you will be eligible for Maternity Benefit through the employer.

Thank you.

I have checked online, and she is eligible. What is the exact procedure to claim it?

Before delivery, do we have to submit any form to the ESIC office?

She has to report before the Medical Officer of the concerned ESI Dispensary, and the rest they will advise.

Dear Mr. Ganesh,

She has been absent from work since 22 Jan 2020 due to pregnancy. Is her absence on medical grounds supported by a medical certificate, preferably issued by an ESI Medical Officer?

My wife is pregnant, and her expected date of delivery is 18 Sep 2020. It would be advisable to visit the nearest ESI Dispensary with her Aadhaar Card and ESI TIC to gain clarity on this matter.

As she is not going to work 8 months before the expected delivery date, please provide all relevant details to receive a specific reply.

Please review the attachments.

Thank you.

Srinath Sir,

Thank you for your reply. She has medical issues, so a private doctor advised two months of bed rest, and we have a certificate for the same. She was supposed to join on the 22nd of March, but due to the lockdown, she couldn't.

Hello Madhu sir,

The expected date of delivery is September 18, 2020. Unfortunately, the Insurance Medical Practitioner's dispensary is closed, and their contact number is also not available. I am in need of assistance as her employer is not helping to resolve this issue, and the branch office is also closed.

I hope you can provide some guidance or support in this matter.

Thank you.