Can any one help me out in the following situation?
Our female employee wants to take maternity leave from 19.01.2009 to 19.04.2009 for 3 months. And her current gross salary is 8250/- but in the month of jan 2009 we are giving increment & her final gross coming upto 10,500 /-
Can you tell me in the above mentioned situation, is she eligible for getting maternity benefits from esic office?
Because benefit & contribution period is oct. To march. Due to this reason we can not deduct her esic contribution from april 09 onwards. & her maternity leave will be ended on 19.04.2009.
Pls give me ur suggestion.
From India, Mumbai
Our female employee wants to take maternity leave from 19.01.2009 to 19.04.2009 for 3 months. And her current gross salary is 8250/- but in the month of jan 2009 we are giving increment & her final gross coming upto 10,500 /-
Can you tell me in the above mentioned situation, is she eligible for getting maternity benefits from esic office?
Because benefit & contribution period is oct. To march. Due to this reason we can not deduct her esic contribution from april 09 onwards. & her maternity leave will be ended on 19.04.2009.
Pls give me ur suggestion.
From India, Mumbai
she is not eligible for esi benifits.The reason is above 10000 rs employee is not eligible for esi.
From India, Hyderabad
From India, Hyderabad
Dear Supriya
This employee will be eligible for maternity benefits from ESI if she satisfies the following conditions:
1. She has contributed towards ESI for 9 months before her date of delivery
2. She has contributed towards ESI in the previous contribution period just before her date of delivery. ie she has to contribute during April - Sep 08.
Hope my advice helps you in this regard
Regards
Arun
From India, Kochi
7This employee will be eligible for maternity benefits from ESI if she satisfies the following conditions:
1. She has contributed towards ESI for 9 months before her date of delivery
2. She has contributed towards ESI in the previous contribution period just before her date of delivery. ie she has to contribute during April - Sep 08.
Hope my advice helps you in this regard
Regards
Arun
From India, Kochi
Hi,
Even if, due to increment, if she gets out of the coverage of ESI, you need to deduct ESI on the revised salary till the contribution period ends i.e. March 2009. With regards to her eligibility, she is entitle for the benefit, as she has already contibuted for the previous period.
Thanks
Sunil
From India, Pune
Even if, due to increment, if she gets out of the coverage of ESI, you need to deduct ESI on the revised salary till the contribution period ends i.e. March 2009. With regards to her eligibility, she is entitle for the benefit, as she has already contibuted for the previous period.
Thanks
Sunil
From India, Pune
Hai,
As per the ESIC Act the employee is eligible for claiming the esic benefit. As you have increased the salary of the employee the ESIC Deductions must be deducted for the whole contribution period as the rule says . so your employee is eligible for the Maternity Benifit.
regards
vinay.A
From India, Hyderabad
As per the ESIC Act the employee is eligible for claiming the esic benefit. As you have increased the salary of the employee the ESIC Deductions must be deducted for the whole contribution period as the rule says . so your employee is eligible for the Maternity Benifit.
regards
vinay.A
From India, Hyderabad
dear
sunit and vijay both are correct she will get all benefits from ESI and after increasing her salary u have to deduct her ESI till march 2009 and she will get all benefits till
sep 2009.
tks
j s malik
From India, Delhi
sunit and vijay both are correct she will get all benefits from ESI and after increasing her salary u have to deduct her ESI till march 2009 and she will get all benefits till
sep 2009.
tks
j s malik
From India, Delhi
Dear supriya,
With reference to your question I would like to tell you that there is difference between contribution period and benefit period.
Benefit period - (1st) 01st JAN to 30th JUNE & (2nd) 01st July to
31st DEC
Contribution period - (1st) 01st April to 30th Sept & (2nd) 01st Oct
to 31st March
In the case mentioned firstly her contribution upto 31st March will be deducted from her salary along with employer share of contribution and same will be submitted to the concerned authorities.
In such case she is entitled to take benefits under ESIC & will be eligible to take Maternity Leaves.
Suppose she was not entitled under ESIC even though she is eligible to take Maternity Leaves under Maternity Act if she had completed 80 days of service with the current employer(refer Maternity Act).
Hence it doesn't make any difference whether her salary goes up beyond 10K or not.
Conclusion : She is eligible under ESIC to take maternity benefit and entitled to take leaves under Maternity Act.
Hope above clarification works for you.
Regds,
Deepak Bhandari
From India, Delhi
With reference to your question I would like to tell you that there is difference between contribution period and benefit period.
Benefit period - (1st) 01st JAN to 30th JUNE & (2nd) 01st July to
31st DEC
Contribution period - (1st) 01st April to 30th Sept & (2nd) 01st Oct
to 31st March
In the case mentioned firstly her contribution upto 31st March will be deducted from her salary along with employer share of contribution and same will be submitted to the concerned authorities.
In such case she is entitled to take benefits under ESIC & will be eligible to take Maternity Leaves.
Suppose she was not entitled under ESIC even though she is eligible to take Maternity Leaves under Maternity Act if she had completed 80 days of service with the current employer(refer Maternity Act).
Hence it doesn't make any difference whether her salary goes up beyond 10K or not.
Conclusion : She is eligible under ESIC to take maternity benefit and entitled to take leaves under Maternity Act.
Hope above clarification works for you.
Regds,
Deepak Bhandari
From India, Delhi
Once employee is covered under ESI for the contribution period i.e. Oct 08 to Mar 09. She will remain covered till Mar 09 irrespective salary raise during contribution period. The contribution period is followed by benefit period i.e. in this case April o9 to Sept o9. Therfore she is eligble for maternity benefit providrd under the ESI Act.
Ravindra Watve
Ravindra Watve
Hi
She is eligible to getting a Esic benefit till 31st march
remaining 1 month benefit is depend upon the employer
bcoz her increment in the month of april only one month she is loose the benefit so either give a till 31 st march
From India, Mumbai
She is eligible to getting a Esic benefit till 31st march
remaining 1 month benefit is depend upon the employer
bcoz her increment in the month of april only one month she is loose the benefit so either give a till 31 st march
From India, Mumbai
Aparna is right.
The eligibility of ESIC benefit will be up to 31st March, 09 as per contribution period and benefits from 1st April to 19th April will be depend up on the employers. If 100% benefits is to be availed from ESIC, then her contribution period may be extended up to September,09 which is a direct loss to both employee and employer.
Regards,
Sivadasan
From India, Udaipur
The eligibility of ESIC benefit will be up to 31st March, 09 as per contribution period and benefits from 1st April to 19th April will be depend up on the employers. If 100% benefits is to be availed from ESIC, then her contribution period may be extended up to September,09 which is a direct loss to both employee and employer.
Regards,
Sivadasan
From India, Udaipur
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