Maternity Benefit - Pls Help

Dear Seniors,
Please Help.
My Wife Joined private organization on 23/12/2013 with pay of Rs.11,500 and she is entitled to ESI, and now she is pregnant and expected date of delivery is on Oct 2014 and when checked with HR they said she is not eligible for maternity leaves / benefit as she is on probation period and not even completed 1 year and we even asked them if there is any provision of loss of pay as we do not want to discontinue the job after delivery, kindly advise and help me with the procedure as well as ESI benefit.
Thank you in advance,
Regards,
ENOSJ

If she works for at least 70 days during the period from 23.12.13 to 31.3.2014 and pay contribution for 70 days then she is entitled for benefit provided the expected date of delivery is after 23.09.2014.
Varghese Mathew
09961266966

She is eligible for maternity benefits.
If company does not allow that then only way is to send a legal notice to the company. You can contact labour officer and he can send the show cause notice to the company

Mr Prashil
There is no need of legal notice to employer.She is covered under ESIS.Co is not liable .ESIC will pay compensation.
Varghese Mathew

Sir(s),
The benefits under ESI Act, 1948 are provided automatically to the entitled employees provided they are entitled and procedure as laid down is followed. There is no probation period, only the conditions are of payment of contribution for a minimum number of days as laid down and submission of Return by the employer.
In my opinion, the insured woman should visit the appropriate Branch Office of ESIC alongwith her Identity Card and check her eligibility for benefits for medical and maternity as available under ESI Act.
The Insured Woman who want to claim maternity leave based on her eligibility should also visit her ESI dispensary to consult the Insurance Medical officer to know and follow the procedure for claiming such maternity benefit. Without submitting proper medical certificates from authorised ESI dispensary/Hospital, it will be difficult for the ESIC Branch office to release any cash benefit to the insured woman.

Dear Friend

Few facts for your clearance and understanding the act related to your matter

As per Maternity Act 1961.

Clause No. 5, Point no. 2.

No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of NOT LESS THAN ONE HUNDRED AND SIXTY DAYS in the twelve months immediately preceding the date of her expected delivery.

As per ESI Act 1948.

Contribution Period 1) 1st April to 30th September 2) 1st October to 31st March

Benefits Period : if the person joined insurable employment for the first time, say on 5th January, his/her first contribution period will be from the 5th January to 31st March and his/her corresponding first benefit will be from the 5th October to 31st December.

overall view related to your subject : you may avail the benefits related to hospitalization at ESI hospital, if you employer deposited the contribution from the date of your wife joining tom organisation.

RAJESHVEER MAURYA

SR. OFFICER-ADMIN/HR

Thanks to All,
Here My concern is
HR said if you have at least completed one year we would have given you maternity leave / benefit and suggested us to resign in 7month and can rejoin after delivery
DOJ is 23/12/2013 till now we haven’t received the ESIC Card Pls guide
Please provide more details on the contribution period tag my wife joined organization on 23/12/2013
Please guide when we should contact the ESIC with what all documents are required to avail the maternity benefit and how the transaction happens
How we should go with the HR and kindly suggest the procedure to apply the maternity leave – As we do not want the gap in her career

Mr RAJESH
It is not 160 days.It is 80 days w.e.f 10.1.1989.Pl refer the Act before posting .
Varghese Mathew
09961266966

Dear Friend,

Under the Maternity act Rule :

12. Dismissal during absence of pregnancy

(1) When a woman absents herself from working accordance with the provision soft his Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus.

Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.

1[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]

(c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1).

In this matter you need to contact labour welfare officer/Commissioner of region where the factory/office located.

Further during the maternity period please don't be give resignation. Company HR may willfully misguide you.

take the opinion of Head of the HR or contact the labour office.

Rajesh

Sir(s),
When the Insured woman/employee is covered under provisions of ESI Act, 1948 ( as mentioned by the initiator of this thread), in my opinion, the Labour Department or any of their officer will have no jurisdiction.
The provisions of Maternity Benefit Act, 1961 will also not be applicable. The employer will be right in rejecting the claim under Maternity Benefit Act since the employer will be contributing under ESI Act in respect of said Insured Woman.
Kindly see section 53 of ESI Act, 1948.
In my opinion, efforts should be made to obtain ESIC Identity Card and for this purpose, the HR officials or official dealing with ESI matters in the establishment should be asked to provide the Identity Card. Rest procedure has been mentioned by me in my comments earlier.