Hi Seniors, Would you please tell me can a woman employee avail both ESI maternity benefit and maternity benefit under maternity benefit act 1961 at a time? Rejimon
From India, Kottayam
1From India, Kottayam
Dear Rejimon,
No. If the woman employee is entitled to receive maternity benefit under the ESI Act, 1948 then she is not in a position to claim this benefit under the Maternity Benefit Act, 1961.
R.N.Khola
From India, Delhi
No. If the woman employee is entitled to receive maternity benefit under the ESI Act, 1948 then she is not in a position to claim this benefit under the Maternity Benefit Act, 1961.
R.N.Khola
From India, Delhi
Mr.Rejimon
A woman who is entitled to get maternity under ESI Act can also get Maternity benefit from her employer. Though the employer has no legal obligation to pay M.B when she was covered under ESI Act, he can pay M.B. if he wants to pay. There is no bar to claim M.B. from both sides.
N.LOKANADHA BABU
MANAGER-HR
NRI ACADEMY OF SCIENCES
From India, Guntur
A woman who is entitled to get maternity under ESI Act can also get Maternity benefit from her employer. Though the employer has no legal obligation to pay M.B when she was covered under ESI Act, he can pay M.B. if he wants to pay. There is no bar to claim M.B. from both sides.
N.LOKANADHA BABU
MANAGER-HR
NRI ACADEMY OF SCIENCES
From India, Guntur
The employer can pay the maternity benefits even if the employee is covered by ESI. But the ESIC will not pay the benefits if the employer is paying the benefits! The ESIC can hold it or even direct the employee to refund the amount already paid by the Corporation if the Corporation finds that she has received salary (maternity leave salary) during the period of her ESI leave.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Hi,
There is specific bar u/s 61 of the ESI Act(reproduced below) to receive benefits under the provisions of any other enactment,
61.Bar of benefits under other enactments.—When a person is entitled to any of the benefits provided by this Act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.
Thanks
V K Gupta
From India, Panipat
There is specific bar u/s 61 of the ESI Act(reproduced below) to receive benefits under the provisions of any other enactment,
61.Bar of benefits under other enactments.—When a person is entitled to any of the benefits provided by this Act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.
Thanks
V K Gupta
From India, Panipat
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Introduction Of Self-Declaratio n Form For Insured Woman Relating To Maternity Benefit Under ESI .pdf