Hi Seniors, Would you please tell me can a woman employee avail both ESI maternity benefit and maternity benefit under maternity benefit act 1961 at a time? Rejimon
From India, Kottayam
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1From India, Kottayam
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No, if the female employee is entitled to receive maternity benefits under the ESI Act of 1948, then she is not eligible to claim these benefits under the Maternity Benefit Act of 1961.
Regards,
R.N. Khola
From India, Delhi
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Regards,
R.N. Khola
From India, Delhi
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A woman who is entitled to maternity benefits under the ESI Act can also receive Maternity Benefit from her employer. Although the employer is not legally obligated to provide Maternity Benefit when she is covered under the ESI Act, he can choose to do so. There is no restriction on claiming Maternity Benefit from both sources.
Regards,
N. Lokanadha Babu
Manager - HR
NRI Academy of Sciences
From India, Guntur
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Regards,
N. Lokanadha Babu
Manager - HR
NRI Academy of Sciences
From India, Guntur
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Maternity Benefits and ESI Coverage
The employer can pay the maternity benefits even if the employee is covered by ESI. However, the ESIC will not pay the benefits if the employer is paying them! The ESIC can hold it or even direct the employee to refund the amount already paid by the Corporation if the Corporation finds that she has received a salary (maternity leave salary) during the period of her ESI leave.
Regards,
Madhu.T.K
From India, Kannur
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The employer can pay the maternity benefits even if the employee is covered by ESI. However, the ESIC will not pay the benefits if the employer is paying them! The ESIC can hold it or even direct the employee to refund the amount already paid by the Corporation if the Corporation finds that she has received a salary (maternity leave salary) during the period of her ESI leave.
Regards,
Madhu.T.K
From India, Kannur
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There is a specific bar under Section 61 of the ESI Act (reproduced below) regarding receiving benefits under the provisions of any other enactment.
Bar of Benefits Under Other Enactments
When a person is entitled to any of the benefits provided by this Act, they shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.
Thanks,
V K Gupta
From India, Panipat
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Bar of Benefits Under Other Enactments
When a person is entitled to any of the benefits provided by this Act, they shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.
Thanks,
V K Gupta
From India, Panipat
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Draft Notification dt 6-10-2016 for enhancement of Maternity Benefit to 26 weeks under ESI Act.pdf