Dear Fraternity members , I would like to know the process that needs to be followed for claiming Maternity Leave Benefit under ESIC Scheme Thanks & Regards Ruchi S
From India, Mumbai
Acknowledge(0)
Amend(0)
2From India, Mumbai
Acknowledge(0)Amend(0)
The insured person should log in to her IP Portal to know her eligibility for Maternity Benefit and Contribution Details. She should also check about linking her Aadhaar Number.
Employers should link the Bank Account Details of the insured person.
The insured person should approach the ESI Dispensary together with the Pehchan Card and Aadhaar card before proceeding on Maternity Leave.
From India, New Delhi
Acknowledge(0)Amend(0)
Employers should link the Bank Account Details of the insured person.
The insured person should approach the ESI Dispensary together with the Pehchan Card and Aadhaar card before proceeding on Maternity Leave.
From India, New Delhi
Acknowledge(0)Amend(0)
Maternity Benefit Under ESI or Employee State Insurance
Under Section 46, subject to the provisions of this Act, the insured persons, their dependents, or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely:
Periodical payments to an insured woman in case of confinement, miscarriage, or sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit).
Maternity Benefit Under ESI or Employee State Insurance
Under Section 50, the qualification of an insured woman to claim maternity benefit, the conditions subject to which such benefit may be given, the rates, and period thereof shall be such as may be prescribed by the Central Government.
Under Rule 55, an insured woman shall be qualified to claim maternity benefits.
Maternity Benefit Under ESI or Employee State Insurance
For a confinement occurring or expected to occur in a benefit period, if the contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods. Confinement means labor resulting in the issue of a living child, or labor after 26 weeks of pregnancy resulting in the issue of a child whether alive or dead.
Subject to the provisions of the Act and the regulations, if any, an insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall be entitled to receive it at the daily rate specified in sub-rule (5) for all days on which she does not work for remuneration during a period of twelve weeks, of which not more than six weeks shall precede the expected date of confinement.
Provided that where the insured woman dies during her delivery or during the period immediately following the date of her delivery for which she is entitled to maternity benefits, leaving behind in either case, the child, maternity benefits shall be paid for the whole of that period. However, if the child also dies during the said period, then for the days up to and including the day of the death of the child, to the person nominated by the insured woman, in such a manner as may be specified in the regulations, and if there is no such nominee, to her legal representative.
An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall, in case of miscarriage or medical termination of pregnancy, be entitled, on the production of such proof as may be required under the regulations, to maternity benefits at the rates specified in sub-rule (5), for all days on which she does not work for remuneration during a period of six weeks immediately following the date of her miscarriage or medical termination of pregnancy.
An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) in the case of sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage or medical termination of pregnancy shall, on the production of such proof as may be required under the regulations, be entitled, in addition to the maternity benefits payable to her under any other provisions of the Act, for all days on which she does not work for remuneration to maternity benefits at the rates specified in sub-rule (5) for all days on which she does not work for remuneration during an additional period not exceeding one month.
The daily rate of maternity benefit payable in respect of confinement occurring or expected to occur during any benefit period shall be equal to the standard benefit rate in respect of the insured woman during the corresponding contribution period, rounded to the next higher rupee, or rupees twenty-five, whichever is higher.
For more, see Employees State Insurance or ESI Act, Rules, Forms, Returns: Simplified: Maternity Benefit Under ESI or Employee State Insurance
From India, Kolkata
Acknowledge(0)Amend(0)
Under Section 46, subject to the provisions of this Act, the insured persons, their dependents, or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely:
Periodical payments to an insured woman in case of confinement, miscarriage, or sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit).
Maternity Benefit Under ESI or Employee State Insurance
Under Section 50, the qualification of an insured woman to claim maternity benefit, the conditions subject to which such benefit may be given, the rates, and period thereof shall be such as may be prescribed by the Central Government.
Under Rule 55, an insured woman shall be qualified to claim maternity benefits.
Maternity Benefit Under ESI or Employee State Insurance
For a confinement occurring or expected to occur in a benefit period, if the contributions in respect of her were payable for not less than seventy days in the immediately preceding two consecutive contribution periods. Confinement means labor resulting in the issue of a living child, or labor after 26 weeks of pregnancy resulting in the issue of a child whether alive or dead.
Subject to the provisions of the Act and the regulations, if any, an insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall be entitled to receive it at the daily rate specified in sub-rule (5) for all days on which she does not work for remuneration during a period of twelve weeks, of which not more than six weeks shall precede the expected date of confinement.
Provided that where the insured woman dies during her delivery or during the period immediately following the date of her delivery for which she is entitled to maternity benefits, leaving behind in either case, the child, maternity benefits shall be paid for the whole of that period. However, if the child also dies during the said period, then for the days up to and including the day of the death of the child, to the person nominated by the insured woman, in such a manner as may be specified in the regulations, and if there is no such nominee, to her legal representative.
An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) shall, in case of miscarriage or medical termination of pregnancy, be entitled, on the production of such proof as may be required under the regulations, to maternity benefits at the rates specified in sub-rule (5), for all days on which she does not work for remuneration during a period of six weeks immediately following the date of her miscarriage or medical termination of pregnancy.
An insured woman who is qualified to claim maternity benefits in accordance with sub-rule (1) in the case of sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage or medical termination of pregnancy shall, on the production of such proof as may be required under the regulations, be entitled, in addition to the maternity benefits payable to her under any other provisions of the Act, for all days on which she does not work for remuneration to maternity benefits at the rates specified in sub-rule (5) for all days on which she does not work for remuneration during an additional period not exceeding one month.
The daily rate of maternity benefit payable in respect of confinement occurring or expected to occur during any benefit period shall be equal to the standard benefit rate in respect of the insured woman during the corresponding contribution period, rounded to the next higher rupee, or rupees twenty-five, whichever is higher.
For more, see Employees State Insurance or ESI Act, Rules, Forms, Returns: Simplified: Maternity Benefit Under ESI or Employee State Insurance
From India, Kolkata
Acknowledge(0)Amend(0)
One of my staff members is on maternity leave from December 2016, although she is not covered under ESIC. She has been given maternity leave for 3 months. As the new bill has passed from parliament, extending maternity leave to 24 weeks from 12 weeks, can we extend her leave as she has applied for an extension? Also, she will be on loss of pay, but we need to give her the benefit of the act.
Any information regarding the new bill pertains only to ESIC, but what if a woman is not covered under ESIC and is eligible for maternity benefits under the act? Kindly give your valuable suggestions and feedback.
From India, Dewas
Acknowledge(0)Amend(0)
Any information regarding the new bill pertains only to ESIC, but what if a woman is not covered under ESIC and is eligible for maternity benefits under the act? Kindly give your valuable suggestions and feedback.
From India, Dewas
Acknowledge(0)Amend(0)
What is the time for payment of maternity benefit? Some companies insist on paying the benefit as soon as the employee rejoins. Is this the right approach? I believe it should be paid monthly. Is this specifically mentioned in the Maternity Benefit Act?
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
ESI pays maternity benefits after completion of maternity leave, whereas establishments to which MBA, 1961 applies should pay the benefit on a monthly basis. Employee joining back cannot be the ground for holding up the payment.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
ESIC Maternity Benefit Payment
Sir, ESIC makes payment of various benefits, including maternity benefit, periodically. It is incorrect to suggest that "ESI Pays Maternity benefit after Completion of Maternity Leave." Please see Chapter III of ESI (General) Regulations, 1952. A large number of insured persons/insured women receive periodical payments of benefits from their respective Branch Offices of ESIC to which they are attached. I think that withholding the payment of various benefits to ESI beneficiaries until they complete their leave periods is not justified. However, an insured woman/insured person must contact their ESIC Branch Office and submit the claim for the pending duration on the prescribed claim form.
Maternity Benefit Act, 1961
Similarly, in respect of cases under the Maternity Benefit Act, 1961, Section 6(5) of the said Act lays down:
"(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child."
Please also see Section 6(6) of the said Act. I think we should discuss such issues based on what is mentioned in law and procedure as laid down in rules/regulations.
From India, Noida
Acknowledge(1)Amend(0)
Sir, ESIC makes payment of various benefits, including maternity benefit, periodically. It is incorrect to suggest that "ESI Pays Maternity benefit after Completion of Maternity Leave." Please see Chapter III of ESI (General) Regulations, 1952. A large number of insured persons/insured women receive periodical payments of benefits from their respective Branch Offices of ESIC to which they are attached. I think that withholding the payment of various benefits to ESI beneficiaries until they complete their leave periods is not justified. However, an insured woman/insured person must contact their ESIC Branch Office and submit the claim for the pending duration on the prescribed claim form.
Maternity Benefit Act, 1961
Similarly, in respect of cases under the Maternity Benefit Act, 1961, Section 6(5) of the said Act lays down:
"(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child."
Please also see Section 6(6) of the said Act. I think we should discuss such issues based on what is mentioned in law and procedure as laid down in rules/regulations.
From India, Noida
Acknowledge(1)Amend(0)
But how much ESI pays, as my wife’scompany says they won’t give any salary during that leave but eai will pay...Can u plz tell me how much esi will pay per month....Thanks in advance
Acknowledge(0)Amend(0)
Acknowledge(0)Amend(0)
Maternity Benefit Under ESI Rules
As per Rule 56 of the ESI (Central) Rules, 1950, the rates of maternity benefit are the "standard benefit rate," which is determined according to the definition of this term in Rule 2(7-A) of the said rules.
The amount of maternity benefit paid or payable depends on the average wages of the insured woman during a specific period as mentioned in the rule. Therefore, I believe only the appropriate Branch Office of ESIC, to which the insured person is attached, will be able to accurately calculate and indicate the same.
From India, Noida
Acknowledge(1)Amend(0)
As per Rule 56 of the ESI (Central) Rules, 1950, the rates of maternity benefit are the "standard benefit rate," which is determined according to the definition of this term in Rule 2(7-A) of the said rules.
The amount of maternity benefit paid or payable depends on the average wages of the insured woman during a specific period as mentioned in the rule. Therefore, I believe only the appropriate Branch Office of ESIC, to which the insured person is attached, will be able to accurately calculate and indicate the same.
From India, Noida
Acknowledge(1)Amend(0)
Thank you all for your contribution.
Can someone help me with the process of getting the salary? My wife's office doesn't provide her with the card and now before 1 week of delivery, they handed over an e-pehechan card and asked her to go to the dispensary. Not really sure how to proceed.
Really thankful for all your support in advance.
Thanks
Acknowledge(0)Amend(0)
Can someone help me with the process of getting the salary? My wife's office doesn't provide her with the card and now before 1 week of delivery, they handed over an e-pehechan card and asked her to go to the dispensary. Not really sure how to proceed.
Really thankful for all your support in advance.
Thanks
Acknowledge(0)Amend(0)
Sir, I think even at this stage, you can contact the concerned ESIS dispensary and also the ESI Branch Office (with the Pehchan Card of your wife) to which your wife is attached. Inform them about the correct position and inquire from them how to claim medical facilities as well as cash benefits, which are called maternity benefits. Hope the officials of these offices will guide you properly.
From India, Noida
Acknowledge(0)Amend(0)
From India, Noida
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc