Dear Mr.Christudaskv
Your query is whether the staff who are covered and availed benifits under ESI are eligible for Maternity bonus from the employer?
As a general rule, MB Act is not applicable wherever the ESI Act is applicable.
However please refer to section 5A of the Maternity Benefit Act. According to Section 5A if initially the Maternity Benefit Act is applicable to the woman employee and subsequently thereafter, the ESI Act becomes applicable to that particular woman employee, the woman employee will continue to be governed by the MB Act until such time she becomes eligible to get the maternity benefit under the ESI Act.
In the second case in case where the woman employee is covered by the ESI Act initially and subsequently she goes out of the ESI Act consequent to the increase in her wage beyond Rs.15,000/ per month, then the woman employee will be covered by the provisions of the MB Act and get the benefits provided therein.
The woman employee cannot have the benefits of both the ESI Act and the MB Act at the same time.