Dear Fellow members,
I have one query related to the Maternity Benefit under ESIC.
One of our female employees is covered under ESIC. She is pregnant now. But in her two years of employment with us she has not taken any ESIC benefit or even taken TIC. She went on leave by just giving simple leave application of prolong leave. Meanwhile we have arranged TIC to provide her Maternity Benefit. Which (TIC) not reached to her. As per my knowledge she need to visit ESIC office once before EDD to get the benefit. But before that we came to know that there was a miscarriage.
Kindly advise that if she is still eligible for the said benefit under ESIC ?
Thanking you in advance.
Maulik Dave
From India, Ahmedabad
32I have one query related to the Maternity Benefit under ESIC.
One of our female employees is covered under ESIC. She is pregnant now. But in her two years of employment with us she has not taken any ESIC benefit or even taken TIC. She went on leave by just giving simple leave application of prolong leave. Meanwhile we have arranged TIC to provide her Maternity Benefit. Which (TIC) not reached to her. As per my knowledge she need to visit ESIC office once before EDD to get the benefit. But before that we came to know that there was a miscarriage.
Kindly advise that if she is still eligible for the said benefit under ESIC ?
Thanking you in advance.
Maulik Dave
From India, Ahmedabad
Sir,
1. In order to be eligible for maternity benefit under ESI Act, 1948, an insured woman should have contributed/contribution payable for not less than 70 days in last two consecutive contribution periods i.e. one year. Section 56(1). Therefore, in my opinion, as stated by you, the said female employee is eligible for maternity benefit. In case of miscarriage she is eligible for maternity benefit for a period of six weeks immediately following the date of her miscarriage -Section 56(3).
2. The main requirement is that the insured woman was required to visit her ESI dispensary, obtain certification from IMO concerned and should have submitted the same to her ESIC Branch Office.
3. Since as mentioned by you appropriate procedure not completed, I will suggest that the said female employee may contact the appropriate branch office of ESIC or ESI dispensary and discuss the issue, if they can help by issuing certificate at this stage keeping in view the medical certificates/papers from the medical institute/doctor from where she is presently getting her treatment.
From India, Noida
1. In order to be eligible for maternity benefit under ESI Act, 1948, an insured woman should have contributed/contribution payable for not less than 70 days in last two consecutive contribution periods i.e. one year. Section 56(1). Therefore, in my opinion, as stated by you, the said female employee is eligible for maternity benefit. In case of miscarriage she is eligible for maternity benefit for a period of six weeks immediately following the date of her miscarriage -Section 56(3).
2. The main requirement is that the insured woman was required to visit her ESI dispensary, obtain certification from IMO concerned and should have submitted the same to her ESIC Branch Office.
3. Since as mentioned by you appropriate procedure not completed, I will suggest that the said female employee may contact the appropriate branch office of ESIC or ESI dispensary and discuss the issue, if they can help by issuing certificate at this stage keeping in view the medical certificates/papers from the medical institute/doctor from where she is presently getting her treatment.
From India, Noida
Dear member,
Thanks. TIC is valid only for very short period.
However, I presume that you are working as HR official in your establishment and I will suggest you to please ensure that each and every employee of your unit coverable under ESI Act, 1948 must have ESIC Pehchan Card with them duly issued by appropriate Branch Office. You can also check the position in respect of other covered employees whether in actual they possess ESIC Pehchan Card or not.
The availability of Pehchan Cards with all employees will ensure timely availing of benefits in the case of any contingencies.
From India, Noida
Thanks. TIC is valid only for very short period.
However, I presume that you are working as HR official in your establishment and I will suggest you to please ensure that each and every employee of your unit coverable under ESI Act, 1948 must have ESIC Pehchan Card with them duly issued by appropriate Branch Office. You can also check the position in respect of other covered employees whether in actual they possess ESIC Pehchan Card or not.
The availability of Pehchan Cards with all employees will ensure timely availing of benefits in the case of any contingencies.
From India, Noida
The ESI card shall be arranged by the employer immediately on joining.Not at the time when a person to get benefits from ESIC.Here the employer is at default.
You can go to the BO of ESIC /or IMO and convince them to the effect that she gets benefits.If she does not get benefit due to employer's fault she may claim the same directly from you under MB Act.
9961266966
From India, Thiruvananthapuram
You can go to the BO of ESIC /or IMO and convince them to the effect that she gets benefits.If she does not get benefit due to employer's fault she may claim the same directly from you under MB Act.
9961266966
From India, Thiruvananthapuram
Dear Sir,
Let me clarify this case, If an employee (male/female) has taken long leave due bad health some other health issue, He/She undergone treatment under ESIC Benefits, At this case during their leave period he /she eligible for salary or not if yes how many days they will entitle.
Kindly revert me .
Regards,
Chandra
9676286674
From India, Hyderabad
Let me clarify this case, If an employee (male/female) has taken long leave due bad health some other health issue, He/She undergone treatment under ESIC Benefits, At this case during their leave period he /she eligible for salary or not if yes how many days they will entitle.
Kindly revert me .
Regards,
Chandra
9676286674
From India, Hyderabad
An employee on ESI leave is not eligible for any salary from the employer.He/she will get the monetary benefit from ESIC subject the conditions in ESI regulation/rules.
Varghese Mathew
From India, Thiruvananthapuram
Varghese Mathew
From India, Thiruvananthapuram
if i join the new organization on 16 jan 2017, contribution of ESIC form jan 17, i am pregnant in he month of march, now i am eligible for maternity leave or not.....pls reply
From India, Pune
From India, Pune
1. Dear member, it will be more better if you may clarify whether you had contributed and were covered under ESI Act, 1948 in previous organisation ?
2. In case you were not covered under said Act in previous employment, then your benefit period will start from 16/10/2017 and that too if you have contributed in ESIS for the minimum number of days during periods as required for eligibility for said benefit.
3. Since eligibility for a particular benefit is a matter of fact, hence hope you will contact the appropriate Branch Office of ESIC as well as ESIS dispensary to which you are attached. Hope you will obtain necessary medical certification from concerned ESIS dispensary. With best wishes.
From India, Noida
2. In case you were not covered under said Act in previous employment, then your benefit period will start from 16/10/2017 and that too if you have contributed in ESIS for the minimum number of days during periods as required for eligibility for said benefit.
3. Since eligibility for a particular benefit is a matter of fact, hence hope you will contact the appropriate Branch Office of ESIC as well as ESIS dispensary to which you are attached. Hope you will obtain necessary medical certification from concerned ESIS dispensary. With best wishes.
From India, Noida
thanks you Mr.Harshkumar, I am not covered under ESIC in my previous organization,my tentative maternity leave start from Oct 2017. please advice the procedure.
From India, Pune
From India, Pune
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc