Hi Everyone,
One of my employees joined in Oct 2016. At that time, she was not covered under ESI due to the wage ceiling factor being > 15,000. However, due to a recent amendment in Jan 2017, she now falls under ESI since Jan 2017, with her wage being < 20,000.
She became pregnant in Oct 2017. We have been paying ESI contributions since Jan 2017. The employee had ESI coverage in her previous company, but there was a one-year gap before joining my company.
Is she eligible for wages and leave benefits from the ESI scheme? If so, how many months of wages will be paid by ESI, and what procedure do we need to follow?
Since she is covered under ESI, if she is not eligible for wages from ESI, will the employer need to pay the wages to the employee, and for how many months?
Please provide your advice and help.
Thanks
From India, Secunderabad
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1One of my employees joined in Oct 2016. At that time, she was not covered under ESI due to the wage ceiling factor being > 15,000. However, due to a recent amendment in Jan 2017, she now falls under ESI since Jan 2017, with her wage being < 20,000.
She became pregnant in Oct 2017. We have been paying ESI contributions since Jan 2017. The employee had ESI coverage in her previous company, but there was a one-year gap before joining my company.
Is she eligible for wages and leave benefits from the ESI scheme? If so, how many months of wages will be paid by ESI, and what procedure do we need to follow?
Since she is covered under ESI, if she is not eligible for wages from ESI, will the employer need to pay the wages to the employee, and for how many months?
Please provide your advice and help.
Thanks
From India, Secunderabad
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1. Dear member, the issues relating to eligibility for claiming benefits under various laws are questions of fact, and hence it is difficult to answer them correctly. Moreover, in the instance as mentioned above, neither the contribution period has closed nor the benefit period has started. It is also not mentioned for how many days she may be contributing in the present contribution period or the next contribution period. Therefore, it would be better if the concerned insured woman/claimant contacts the relevant officials/offices from which she wants to claim maternity benefits.
2. In the case as mentioned in this thread, the important date is the expected date of confinement, which is not mentioned in the thread. I hope that you/the claimant, as an insured woman, may contact the Branch Office Manager of ESIC to which she is attached, along with her ESIC Identity Card, to know the exact position. The Branch Manager of ESIC is the appropriate authority to make final decisions in such matters.
From India, Noida
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2. In the case as mentioned in this thread, the important date is the expected date of confinement, which is not mentioned in the thread. I hope that you/the claimant, as an insured woman, may contact the Branch Office Manager of ESIC to which she is attached, along with her ESIC Identity Card, to know the exact position. The Branch Manager of ESIC is the appropriate authority to make final decisions in such matters.
From India, Noida
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf
Right to payment of maternity benefits.doc