Date of Joining: 15-Sept-2008 / Date of delivery: 16-July-2017
She is working in our company since September 2008 and covered under ESI from her date of joining. By June 2015, she got salary increment and her fixed gross salary was increased to more than Rs.15000 per month. So as per the ESI Act she is not eligible for ESI and her ESI contribution ends in 30th September 2015. Now, as per the latest amendment of ESI in January 2017, we have to cover the employees who’s fixed gross salary is Rs.21000 or below. So again she is covered under ESI and we are paying her contribution from January 2017 onwards for the same ESI number.
Due to her maternity (delivery date – 16.07.2017), she has applied for availing ESI maternity leave benefit in ESI branch office and they told that she has not completed 9 months of benefit period even-though she is eligible in contribution period entitlement of 70 days in immediately preceding 1 or 2 consecutive periods.
Because of the ESI amendment in January 2017, she cannot able to avail her ESI maternity leave. So in this case, how an employee is liable for completing 9 months of benefit period for availing ESI maternity leave even in continuation of service.
Please suggest..
From India, Chennai
2She is working in our company since September 2008 and covered under ESI from her date of joining. By June 2015, she got salary increment and her fixed gross salary was increased to more than Rs.15000 per month. So as per the ESI Act she is not eligible for ESI and her ESI contribution ends in 30th September 2015. Now, as per the latest amendment of ESI in January 2017, we have to cover the employees who’s fixed gross salary is Rs.21000 or below. So again she is covered under ESI and we are paying her contribution from January 2017 onwards for the same ESI number.
Due to her maternity (delivery date – 16.07.2017), she has applied for availing ESI maternity leave benefit in ESI branch office and they told that she has not completed 9 months of benefit period even-though she is eligible in contribution period entitlement of 70 days in immediately preceding 1 or 2 consecutive periods.
Because of the ESI amendment in January 2017, she cannot able to avail her ESI maternity leave. So in this case, how an employee is liable for completing 9 months of benefit period for availing ESI maternity leave even in continuation of service.
Please suggest..
From India, Chennai
You have to put forth the case with the management & request them to pay maternity leave. Since ESI has rightly pointed out that she is not eligible for 'cash benefit', it is the employer who has to pay for maternity leave. It can not happen that she will not receive maternity benefit. If required get written letter from ESI that she is not eligible for benefit as she has not contributed for required nine months & submit it with request for maternity leave. Stay put! If employer refuses approach labour office & take steps as suggested by them,
From India, Mumbai
From India, Mumbai
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Introduction Of Self-Declaratio n Form For Insured Woman Relating To Maternity Benefit Under ESI .pdf