Maternity Benefit Act applicability - no eligible employees as per ESIC Act (Employees with wages more than Rs. 21000)

As per Maternity Act, if ESIC Act is applicable, the Maternity Act is not applicable. If a company has more than 10 employees and ESIC registration but since there are no eligible employees as per ESIC Act (Employees with wages more than Rs. 21000), is the Maternity act applicable or not?

Dear friend,

When certain employment benefits of same or similar nature are available under two separate enactments applicable to the same establishment, each one's applicability becomes exclusive based only on the eligibility of the employee seeking the benefit.

Therefore, for whatever reason if an employee is beyond the coverage of the ESI Act,1948, she would be entitled to benefits under the MB Act,1961 if she is otherwise eligible when the Act is applicable to the establishment.

The MB Act 1961 benefits are carried over to the ESI Act 1948 for the eligible women employees. So when ESI Act is not applicable automatically the MB Act provisions become applicable. In ESI the benefits are borne by the ESI Corporation and in MB Act, the employer is responsible.