Dear Members,
I have a scenario with respect to Maternity Benefits to an employee:
One of our employee who works with us for more than two years has recently come under ESI limit when ESIC increased the wages limit to 21000 and the problem is, She has contributed to ESIC only for three months so far (from Jan to March 2017) and not meeting the eligibility to avail Maternity benefits through ESIC. When she approached to ESIC to enquire on this, they also confirmed the same.
Now, I am confused in terms of understanding the responsibility of an employer and need your advise on followings:
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this
scenario ESI is refused to accept since she has contributed only for three months. So what next to be done.
2. Should Employer pay the salary or Is there any provision to get it through ESIC.
3. What if Employer gives Leave without Pay – Is it advisable.
4. Is there any rules / judgement passed similar to this case.
Kindly give me your views and help me out.
Thanks
Prabu
From India, Namakkal
1I have a scenario with respect to Maternity Benefits to an employee:
One of our employee who works with us for more than two years has recently come under ESI limit when ESIC increased the wages limit to 21000 and the problem is, She has contributed to ESIC only for three months so far (from Jan to March 2017) and not meeting the eligibility to avail Maternity benefits through ESIC. When she approached to ESIC to enquire on this, they also confirmed the same.
Now, I am confused in terms of understanding the responsibility of an employer and need your advise on followings:
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this
scenario ESI is refused to accept since she has contributed only for three months. So what next to be done.
2. Should Employer pay the salary or Is there any provision to get it through ESIC.
3. What if Employer gives Leave without Pay – Is it advisable.
4. Is there any rules / judgement passed similar to this case.
Kindly give me your views and help me out.
Thanks
Prabu
From India, Namakkal
In absence of ESI being applicable automatically MB act applies abd hence employer has to take responsibility and pay the wages and approve leave as per MB act.
From United+States, San+Francisco
From United+States, San+Francisco
In all fairness, a female employee who is not covered under the ESI Act should be eligible under the MB Act. Since she has not contributed for the qualifying 'service period' under ESIC, the employer should automatically extend the facilities as per the MB Act. No doubt about it.
From India, Bangalore
From India, Bangalore
The act very clearly provides that the act applies in all cases where the esic coverage is not there. The specific scenario is already there in the maternity benefit act, it’s in sec 5
From India, Mumbai
From India, Mumbai
Though the employee is covered under ESI from 01/01/2017, ESI will provide only medical benefits since she has not contributed to ESI in two contribution periods. Consequently, the employer has to pay maternity benefits to the extent of 26 weeks' salary subject to a medical certificate.
Contribution periods: April to September & October to March
From India, New Delhi
Contribution periods: April to September & October to March
From India, New Delhi
Suppose the female employee covered under ESI could not contribute for 70 days in two consecutive contribution periods due to her long absence on loss of pay, will she be given maternity benefits under the MB Act.?
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The corrected version with proper spelling, grammar, and formatting:
Suppose the female employee covered under ESI could not contribute for 70 days in two consecutive contribution periods due to her long absence on loss of pay, will she be given maternity benefits under the MB Act.?
From India, Thiruvananthapuram
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The corrected version with proper spelling, grammar, and formatting:
Suppose the female employee covered under ESI could not contribute for 70 days in two consecutive contribution periods due to her long absence on loss of pay, will she be given maternity benefits under the MB Act.?
From India, Thiruvananthapuram
Dear Prabhu,
Please find answer to your queries as below :
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this scenario ESI is refused to accept since she has contributed only for three months. So what next to be done. - Ans : As ESIC not applicable to the respective women employee will fall under Maternity Benefit Act and as per new amendment she is entitle for 26 Weeks of paid maternity leave.
2. Should Employer pay the salary or Is there any provision to get it through ESIC. : Ans - Yes, Employer has to pay the salary in lieu of Maternity Leave
3. What if Employer gives Leave without Pay – Is it advisable. - Ans : Not advisable under MB act
4. Is there any rules / judgement passed similar to this case. - Ans : Not so far
Hope the answers will meet your requirements.
Please find answer to your queries as below :
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this scenario ESI is refused to accept since she has contributed only for three months. So what next to be done. - Ans : As ESIC not applicable to the respective women employee will fall under Maternity Benefit Act and as per new amendment she is entitle for 26 Weeks of paid maternity leave.
2. Should Employer pay the salary or Is there any provision to get it through ESIC. : Ans - Yes, Employer has to pay the salary in lieu of Maternity Leave
3. What if Employer gives Leave without Pay – Is it advisable. - Ans : Not advisable under MB act
4. Is there any rules / judgement passed similar to this case. - Ans : Not so far
Hope the answers will meet your requirements.
Please log in to ESI IP Portal & take print of her entitlement & put up the same to your management for extending maternity benefit Act, 1961 to her.
From India, New Delhi
From India, New Delhi
Dear Mr. Varghese Mathew,
If any woman employee covered under ESI is not eligible to claim maternity benefits provided therein due to not fulfilling qualifying conditions, she comes under the purview of The Maternity Benefit Act, 1961. A woman employee should receive maternity benefits from the employer even if she is covered under ESI.
From India, New Delhi
If any woman employee covered under ESI is not eligible to claim maternity benefits provided therein due to not fulfilling qualifying conditions, she comes under the purview of The Maternity Benefit Act, 1961. A woman employee should receive maternity benefits from the employer even if she is covered under ESI.
From India, New Delhi
Sri natham, My question is ,if the non-fulfilment of eligibility conditions under ESI (70 days) is due to the fault of the employee,ie under a unauthorised absence.?
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Varghese Mathew,
It does not matter whose fault it is. What matters is that a female employee is entitled to maternity benefits. If ESI does not apply, then the Maternity Benefit Act applies, and the employer has to provide for it.
From United+States, San+Francisco
It does not matter whose fault it is. What matters is that a female employee is entitled to maternity benefits. If ESI does not apply, then the Maternity Benefit Act applies, and the employer has to provide for it.
From United+States, San+Francisco
Please Peruse Section 5A of The Maternity benefit Act, 1961 & Section 50 of ESI Act, 1948 with reference to the query raised for payment of Maternity Benefit by Employer though Employee is covered under ESI Act:
Section 5A of the Maternity Benefit Act, 1961:
Continuance of Payment of Maternity Benefit in certain cases.
Every woman entitled to the Payment of Maternity Benefit under this Act shall, notwithstanding the Application of The Employees' State Insurance Act, 1948 (34 of 1948), to the Factory or other Establishment in which she is employed continue to be so entitled until she becomes qualified to claim Maternity Benefit under section 50 of that Act. I.e ESI Act, 1948
ESI Contributory Conditions for Entitlement of Maternity Benefit:
An insured woman is Eligible for Maternity Benefit for confinement / miscarriage, if contributions in respect of her have been Paid or Payable for not less than 70 days in the two immediately Preceding consecutive Contribution Periods with reference to the Benefit Period in which the confinement took place.
ESI Contribution Period: Corresponding Benefit Period:
April 2016 to September 2016 1st January 2017 to 30th June 2017
Oct 2016 to March 2017 1st July 2017 to 31st December 2017
From India, New Delhi
Section 5A of the Maternity Benefit Act, 1961:
Continuance of Payment of Maternity Benefit in certain cases.
Every woman entitled to the Payment of Maternity Benefit under this Act shall, notwithstanding the Application of The Employees' State Insurance Act, 1948 (34 of 1948), to the Factory or other Establishment in which she is employed continue to be so entitled until she becomes qualified to claim Maternity Benefit under section 50 of that Act. I.e ESI Act, 1948
ESI Contributory Conditions for Entitlement of Maternity Benefit:
An insured woman is Eligible for Maternity Benefit for confinement / miscarriage, if contributions in respect of her have been Paid or Payable for not less than 70 days in the two immediately Preceding consecutive Contribution Periods with reference to the Benefit Period in which the confinement took place.
ESI Contribution Period: Corresponding Benefit Period:
April 2016 to September 2016 1st January 2017 to 30th June 2017
Oct 2016 to March 2017 1st July 2017 to 31st December 2017
From India, New Delhi
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf
Right to payment of maternity benefits.doc