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 female employee is entitled to receive maternity benefits under the ESI Act of 1948, then she is not eligible to claim these benefits under the Maternity Benefit Act of 1961.
R.N. Khola
From India, Delhi
No, if the female employee is entitled to receive maternity benefits under the ESI Act of 1948, then she is not eligible to claim these benefits under the Maternity Benefit Act of 1961.
R.N. Khola
From India, Delhi
Mr. Rejimon,
A woman who is entitled to maternity benefits under the ESI Act can also receive Maternity Benefit from her employer. Although the employer is not legally obligated to provide Maternity Benefit when she is covered under the ESI Act, he can choose to do so. There is no restriction on claiming Maternity Benefit from both sources.
Regards,
N. Lokanadha Babu
Manager - HR
NRI Academy of Sciences
From India, Guntur
A woman who is entitled to maternity benefits under the ESI Act can also receive Maternity Benefit from her employer. Although the employer is not legally obligated to provide Maternity Benefit when she is covered under the ESI Act, he can choose to do so. There is no restriction on claiming Maternity Benefit from both sources.
Regards,
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. However, the ESIC will not pay the benefits if the employer is paying them! 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 a 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
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