Dear Members,
I have a scenario with respect to Maternity Benefits to an employee:
One of our employee who works with us for more than two years has recently come under ESI limit when ESIC increased the wages limit to 21000 and the problem is, She has contributed to ESIC only for three months so far (from Jan to March 2017) and not meeting the eligibility to avail Maternity benefits through ESIC. When she approached to ESIC to enquire on this, they also confirmed the same.
Now, I am confused in terms of understanding the responsibility of an employer and need your advise on followings:
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this
scenario ESI is refused to accept since she has contributed only for three months. So what next to be done.
2. Should Employer pay the salary or Is there any provision to get it through ESIC.
3. What if Employer gives Leave without Pay – Is it advisable.
4. Is there any rules / judgement passed similar to this case.
Kindly give me your views and help me out.
Thanks
Prabu
From India, Namakkal
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1I have a scenario with respect to Maternity Benefits to an employee:
One of our employee who works with us for more than two years has recently come under ESI limit when ESIC increased the wages limit to 21000 and the problem is, She has contributed to ESIC only for three months so far (from Jan to March 2017) and not meeting the eligibility to avail Maternity benefits through ESIC. When she approached to ESIC to enquire on this, they also confirmed the same.
Now, I am confused in terms of understanding the responsibility of an employer and need your advise on followings:
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this
scenario ESI is refused to accept since she has contributed only for three months. So what next to be done.
2. Should Employer pay the salary or Is there any provision to get it through ESIC.
3. What if Employer gives Leave without Pay – Is it advisable.
4. Is there any rules / judgement passed similar to this case.
Kindly give me your views and help me out.
Thanks
Prabu
From India, Namakkal
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In absence of ESI being applicable automatically MB act applies abd hence employer has to take responsibility and pay the wages and approve leave as per MB act.
From United+States, San+Francisco
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From United+States, San+Francisco
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In all fairness, a female employee who is not covered under the ESI Act should be eligible under the MB Act. Since she has not contributed for the qualifying 'service period' under ESIC, the employer should automatically extend the facilities as per the MB Act. No doubt about it.
From India, Bangalore
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From India, Bangalore
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The act very clearly provides that the act applies in all cases where the esic coverage is not there. The specific scenario is already there in the maternity benefit act, it’s in sec 5
From India, Mumbai
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From India, Mumbai
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Though the employee is covered under ESI from 01/01/2017, ESI will provide only medical benefits since she has not contributed to ESI in two contribution periods. Consequently, the employer has to pay maternity benefits to the extent of 26 weeks' salary subject to a medical certificate.
Contribution periods: April to September & October to March
From India, New Delhi
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Contribution periods: April to September & October to March
From India, New Delhi
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Suppose the female employee covered under ESI could not contribute for 70 days in two consecutive contribution periods due to her long absence on loss of pay, will she be given maternity benefits under the MB Act.?
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The corrected version with proper spelling, grammar, and formatting:
Suppose the female employee covered under ESI could not contribute for 70 days in two consecutive contribution periods due to her long absence on loss of pay, will she be given maternity benefits under the MB Act.?
From India, Thiruvananthapuram
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The corrected version with proper spelling, grammar, and formatting:
Suppose the female employee covered under ESI could not contribute for 70 days in two consecutive contribution periods due to her long absence on loss of pay, will she be given maternity benefits under the MB Act.?
From India, Thiruvananthapuram
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Dear Prabhu,
Please find answer to your queries as below :
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this scenario ESI is refused to accept since she has contributed only for three months. So what next to be done. - Ans : As ESIC not applicable to the respective women employee will fall under Maternity Benefit Act and as per new amendment she is entitle for 26 Weeks of paid maternity leave.
2. Should Employer pay the salary or Is there any provision to get it through ESIC. : Ans - Yes, Employer has to pay the salary in lieu of Maternity Leave
3. What if Employer gives Leave without Pay – Is it advisable. - Ans : Not advisable under MB act
4. Is there any rules / judgement passed similar to this case. - Ans : Not so far
Hope the answers will meet your requirements.
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Please find answer to your queries as below :
1. Leave with wages during her maternity leave - Generally, any employee who covered under ESI, can claim the wages through ESI but in this scenario ESI is refused to accept since she has contributed only for three months. So what next to be done. - Ans : As ESIC not applicable to the respective women employee will fall under Maternity Benefit Act and as per new amendment she is entitle for 26 Weeks of paid maternity leave.
2. Should Employer pay the salary or Is there any provision to get it through ESIC. : Ans - Yes, Employer has to pay the salary in lieu of Maternity Leave
3. What if Employer gives Leave without Pay – Is it advisable. - Ans : Not advisable under MB act
4. Is there any rules / judgement passed similar to this case. - Ans : Not so far
Hope the answers will meet your requirements.
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Please log in to ESI IP Portal & take print of her entitlement & put up the same to your management for extending maternity benefit Act, 1961 to her.
From India, New Delhi
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From India, New Delhi
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Dear Mr. Varghese Mathew,
If any woman employee covered under ESI is not eligible to claim maternity benefits provided therein due to not fulfilling qualifying conditions, she comes under the purview of The Maternity Benefit Act, 1961. A woman employee should receive maternity benefits from the employer even if she is covered under ESI.
From India, New Delhi
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If any woman employee covered under ESI is not eligible to claim maternity benefits provided therein due to not fulfilling qualifying conditions, she comes under the purview of The Maternity Benefit Act, 1961. A woman employee should receive maternity benefits from the employer even if she is covered under ESI.
From India, New Delhi
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