Dear HR/Personnel/Labour Law consultants,
I am writing from Chennai, Please advice me on ESI - Maternity Benefit Act. One woman employee is working with us for the past 3 yrs. Since she is drawing Rs.12000/- p.m. not covered by ESI upto April 2010. After that she become eligible for ESI coverege, now she wants to avail ESI materinity benefit. When she contacted the Local ESI office for materinity leave/benefit they are telling that we will not give any monetary benefit except medical benefit. As per ESI rule maternity benefit is available if she is worked 80 days before confinement. Kindly advice me on that issue, please.
Thanks and regards,
Ganpath
From India, Madras
I am writing from Chennai, Please advice me on ESI - Maternity Benefit Act. One woman employee is working with us for the past 3 yrs. Since she is drawing Rs.12000/- p.m. not covered by ESI upto April 2010. After that she become eligible for ESI coverege, now she wants to avail ESI materinity benefit. When she contacted the Local ESI office for materinity leave/benefit they are telling that we will not give any monetary benefit except medical benefit. As per ESI rule maternity benefit is available if she is worked 80 days before confinement. Kindly advice me on that issue, please.
Thanks and regards,
Ganpath
From India, Madras
Dear Mr Ganapathi
Please give the exact date from which the ESI Act applicable to the woman employee and the date from which ESI contribution was recovered from her after she crossed Rs.12000/-. Also furnish the expected date of delivery or the actual date of delivery. With these information I may be able to clarify.
From India, Madras
169Please give the exact date from which the ESI Act applicable to the woman employee and the date from which ESI contribution was recovered from her after she crossed Rs.12000/-. Also furnish the expected date of delivery or the actual date of delivery. With these information I may be able to clarify.
From India, Madras
@J. Ganapthi - I know to avail ESI maternity benefit, the woman should have contributed for 80 days in 12 months. The seniors will advise you as per the ESI rules and I await their valuable advice. You may please reply Mr.Harikrishnan's queries so we all can get right answer.
However, on humanistic grounds and considering the woman's stability (3 years) in your organization, your employer may give her maternity benefit i.e. with pay leave for 3 months in case she could not avail ESI benefit. It would be injustice to woman if she could not avail the benefit in either of the cases.
All respected seniors, await your inputs on above points.
Regards,
Vaishalee
From India, Pune
However, on humanistic grounds and considering the woman's stability (3 years) in your organization, your employer may give her maternity benefit i.e. with pay leave for 3 months in case she could not avail ESI benefit. It would be injustice to woman if she could not avail the benefit in either of the cases.
All respected seniors, await your inputs on above points.
Regards,
Vaishalee
From India, Pune
Dear Mr.Ganapathi/Ms.Vaishalee Parkhi
I will try to clarify without inputs from Mr.Ganapathi. You will agree with me that once the ESI Act becomes applicable, the MB Act is not applicable. There is an exception to this rule. Please refer to Section 5A of the MB Act. Under this section even though the ESI Act is applicable to the factory/establishment in which a woman is employed, she will continue to get the benefits of the MB Act until she could get meaternity benefit under Section 50 the ESi Act. This section 5A protects women to whom MB Act is applicable initially but who subsequently become members of the ESI but are not able to get maternity benefit because of the conditions stipulated by the ESI Act for getting maternity benefit. So I request Mr.Ganapathi to apply this principle of law to the facts of the case he has on hand. My view is that from what Mr.Ganapathi has written in his post, the woman is entitled to the benefits under the MB Act though he is covered by the ESI Act consequent to the revision of salary level for applicability until such time she is entitled to get maternity benefit under the ESI Act. I think that I have clarified the issue. In case you have any doubts/clarifications please post your views.
With regards
From India, Madras
I will try to clarify without inputs from Mr.Ganapathi. You will agree with me that once the ESI Act becomes applicable, the MB Act is not applicable. There is an exception to this rule. Please refer to Section 5A of the MB Act. Under this section even though the ESI Act is applicable to the factory/establishment in which a woman is employed, she will continue to get the benefits of the MB Act until she could get meaternity benefit under Section 50 the ESi Act. This section 5A protects women to whom MB Act is applicable initially but who subsequently become members of the ESI but are not able to get maternity benefit because of the conditions stipulated by the ESI Act for getting maternity benefit. So I request Mr.Ganapathi to apply this principle of law to the facts of the case he has on hand. My view is that from what Mr.Ganapathi has written in his post, the woman is entitled to the benefits under the MB Act though he is covered by the ESI Act consequent to the revision of salary level for applicability until such time she is entitled to get maternity benefit under the ESI Act. I think that I have clarified the issue. In case you have any doubts/clarifications please post your views.
With regards
From India, Madras
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.
Draft Notification dt 6-10-2016 for enhancement of Maternity Benefit to 26 weeks under ESI Act.pdf