Employee ESI Coverage and Maternity Leave Eligibility
Date of Joining: 15-Sept-2008 / Date of Delivery: 16-July-2017
She has been working in our company since September 2008 and has been covered under ESI from her date of joining. By June 2015, she received a salary increment, and her fixed gross salary increased to more than Rs. 15,000 per month. As per the ESI Act, she was no longer eligible for ESI, and her ESI contribution ended on 30th September 2015. However, according to the latest amendment of ESI in January 2017, we are required to cover employees whose fixed gross salary is Rs. 21,000 or below. Therefore, she is again covered under ESI, and we have been paying her contribution from January 2017 onwards for the same ESI number.
Due to her maternity (delivery date: 16.07.2017), she applied to avail of the ESI maternity leave benefit at the ESI branch office. They informed her that she has not completed the 9-month benefit period, even though she is eligible in the contribution period entitlement of 70 days in the immediately preceding 1 or 2 consecutive periods.
Because of the ESI amendment in January 2017, she is unable to avail herself of her ESI maternity leave. In this case, how is an employee liable for completing a 9-month benefit period to avail of ESI maternity leave, even in continuation of service? Please suggest.
From India, Chennai
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2Date of Joining: 15-Sept-2008 / Date of Delivery: 16-July-2017
She has been working in our company since September 2008 and has been covered under ESI from her date of joining. By June 2015, she received a salary increment, and her fixed gross salary increased to more than Rs. 15,000 per month. As per the ESI Act, she was no longer eligible for ESI, and her ESI contribution ended on 30th September 2015. However, according to the latest amendment of ESI in January 2017, we are required to cover employees whose fixed gross salary is Rs. 21,000 or below. Therefore, she is again covered under ESI, and we have been paying her contribution from January 2017 onwards for the same ESI number.
Due to her maternity (delivery date: 16.07.2017), she applied to avail of the ESI maternity leave benefit at the ESI branch office. They informed her that she has not completed the 9-month benefit period, even though she is eligible in the contribution period entitlement of 70 days in the immediately preceding 1 or 2 consecutive periods.
Because of the ESI amendment in January 2017, she is unable to avail herself of her ESI maternity leave. In this case, how is an employee liable for completing a 9-month benefit period to avail of ESI maternity leave, even in continuation of service? Please suggest.
From India, Chennai
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You have to present the case to management and request them to pay for maternity leave. Since ESI has rightly pointed out that she is not eligible for the 'cash benefit,' it is the employer's responsibility to pay for maternity leave. It cannot happen that she will not receive maternity benefits. If required, obtain a written letter from ESI stating that she is not eligible for the benefit as she has not contributed for the required nine months, and submit it with the request for maternity leave. Stay firm! If the employer refuses, approach the labor office and follow the steps they suggest.
From India, Mumbai
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From India, Mumbai
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ESI Rule amendment reg enhancement of Maternity Benefit Jan 2017.pdf