Section 56 under ESI Central Rules 1950 mentions,
" An IW shall be qualified to claim maternity benefits for a confinement occuring or expected to occur in a benefit period, if the contirbutuions in respect of her were payable for not less than 70 days in the immediately preceding two consecutive contribution periods."
Some of our women employees did not get their maternity benefit. On enquiry, we were pointed to this section. Can any one explain and give me expert advise on this?
Regards,
Vini
From India, Kollam
" An IW shall be qualified to claim maternity benefits for a confinement occuring or expected to occur in a benefit period, if the contirbutuions in respect of her were payable for not less than 70 days in the immediately preceding two consecutive contribution periods."
Some of our women employees did not get their maternity benefit. On enquiry, we were pointed to this section. Can any one explain and give me expert advise on this?
Regards,
Vini
From India, Kollam
Hi Vini,
This is Rabi Panda Here.
As per your queries, I think the below may give clear info:
An women employee who has a payment of contribution for 70 days in one or two consecutive periods (i.e either from April-Sept or Oct-Mar contribution period) is eligible for ESI maternity benefit.
Only the Insured women(IW) is entitled to receive maternity benefit for confinement for a period of 12 weeks (of which not more than 6 weeks can precede the expected date of confinement) for all the days on which she does not work for remuneration.
No payment will be made for the days on which she worked for remuneration. But the said days will be counted for the purpose of arriving at the total range of 12 weeks / 84 days.
An insured woman and an insured person in respect of his wife shall be paid a sum of rupees one thousand per case as "confinement expenses" (earlier termed as medical bonus) , provided that the confinement occurs at a place where necessary medical facilities under the ESI Scheme are not available. i.e. where facility for confinement is not available in the ESI institutions at place of confinement. Also confinement expenses shall be payable for two confinements only.
Thanks,
From India, Hyderabad
This is Rabi Panda Here.
As per your queries, I think the below may give clear info:
An women employee who has a payment of contribution for 70 days in one or two consecutive periods (i.e either from April-Sept or Oct-Mar contribution period) is eligible for ESI maternity benefit.
Only the Insured women(IW) is entitled to receive maternity benefit for confinement for a period of 12 weeks (of which not more than 6 weeks can precede the expected date of confinement) for all the days on which she does not work for remuneration.
No payment will be made for the days on which she worked for remuneration. But the said days will be counted for the purpose of arriving at the total range of 12 weeks / 84 days.
An insured woman and an insured person in respect of his wife shall be paid a sum of rupees one thousand per case as "confinement expenses" (earlier termed as medical bonus) , provided that the confinement occurs at a place where necessary medical facilities under the ESI Scheme are not available. i.e. where facility for confinement is not available in the ESI institutions at place of confinement. Also confinement expenses shall be payable for two confinements only.
Thanks,
From India, Hyderabad
The normal contribution periods are April to Sept and Oct to March following. There are two corresponding benefit periods also, viz, January to June and July to Dec. Any employee who becomes a member of ESI is eligible for benefits after around nine months of his admission.
If date of delivery is in the month of July, she should have paid contributions at least for 70 days in the two consecutive contribution periods, ie, previous year's Oct to March period and April to Sept period. woman employee who was joined recently will not be eligible for maternity benefit.
Regards,
Madhu.T.K
From India, Kannur
4249If date of delivery is in the month of July, she should have paid contributions at least for 70 days in the two consecutive contribution periods, ie, previous year's Oct to March period and April to Sept period. woman employee who was joined recently will not be eligible for maternity benefit.
Regards,
Madhu.T.K
From India, Kannur
Dear professional
I have another doubt on ESIC, regrding sickness benefit. if an newly joined employee covered under ESI, when he is entitled to claim sickness benefit i.e after 78 days or after 9 months. kindly reply.
Regards
Anirban Biswas
From India, Mumbai
I have another doubt on ESIC, regrding sickness benefit. if an newly joined employee covered under ESI, when he is entitled to claim sickness benefit i.e after 78 days or after 9 months. kindly reply.
Regards
Anirban Biswas
From India, Mumbai
The responsibility for payment of maternity benefit in respect of ESI covered employee is with the ESIC whereas it lies with the employer in respect of an employee who is not covered by ESI Act. For details please refer the Employees State Insurance Act.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
IF the employee does not complete 9 months from the date of joining till the delivery date, he is not eligible for ESIC benefits.
From India, New Delhi
From India, New Delhi
Dear All
If someone joins on 1st Feb14 and delivers on 16th Oct14 , the conditions of 70 days is met since 56 days in first contribution period and 180 in second period, Will maternity benefit be paid in such case by ESIC ?
From India, Mumbai
If someone joins on 1st Feb14 and delivers on 16th Oct14 , the conditions of 70 days is met since 56 days in first contribution period and 180 in second period, Will maternity benefit be paid in such case by ESIC ?
From India, Mumbai
There are two conditions, viz, 70 days working in two consecutive contribution period immediately preceding the date of or expected date of delivery and delivery happening in the benefit period. In this case delivery has happened before the benefit period has started. The first benefit period will be after 9 months of joining in all the cases. That means benefit period for employee joined in February should be from 1st November and not earlier to that and hence she may not be entitled to maternity benefits from ESIC. However, she can get maternity leave and medical bonus from the employer since she is not in receipt of such benefits from ESIC.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Thanks Mr Madhu.
Our advocate says that she has just completed 8 months with us and although she has worked for not less than 80 days in preceding 12 months but she should complete first 12 months working and then in 2nd 12 months this condition of 80 days is to be considered. What is your view about the same?
He says if someone joins on 1st Feb and delivers on 1st May , how can maternity benefit be paid just because 80 days are completed . While employee worked for just 80 days and got benefit of 84 days. Doesn't it look irrational?
From India, Mumbai
Our advocate says that she has just completed 8 months with us and although she has worked for not less than 80 days in preceding 12 months but she should complete first 12 months working and then in 2nd 12 months this condition of 80 days is to be considered. What is your view about the same?
He says if someone joins on 1st Feb and delivers on 1st May , how can maternity benefit be paid just because 80 days are completed . While employee worked for just 80 days and got benefit of 84 days. Doesn't it look irrational?
From India, Mumbai
1. Dear member, the eligibility for various benefits including maternity is determined on the basis of satisfying the contributory conditions as laid down under ESI Act, 1948 and rules/regulations framed thereunder. The Branch Office of ESIC is the appropriate Office to decide the eligibility and payment of benefits.
2. Since each and every case may be having different facts, hence I may suggest you to vist the Branch Office of ESIC to which you/insured woman is attached and the discuss the matter and clear your doubts. However, Sh. Madhu T.K.senior expert has amply clarified the position in his remarks as on prepage.
From India, Noida
2. Since each and every case may be having different facts, hence I may suggest you to vist the Branch Office of ESIC to which you/insured woman is attached and the discuss the matter and clear your doubts. However, Sh. Madhu T.K.senior expert has amply clarified the position in his remarks as on prepage.
From India, Noida
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Introduction Of Self-Declaratio n Form For Insured Woman Relating To Maternity Benefit Under ESI .pdf