Is It Necessary To Change Marital Status After Marriage In ESIC

Hello,

We have an employee who got married after joining our company. So, her marital status remains unchanged as Unmarried. Is there any problem from the company's side if we do not change that? Because she doesn't want to change it.

Thanks,
Sandip Kumar Ghosh
Accounts Administrator

It's her choice that she has chosen to retain bachelor status despite marriage. However, she cannot display herself as married anywhere, means anywhere in government documents.

She will lose the benefit to family to spouse, dependent children, and cannot nominate her spouse anywhere.

Her marital status remains single. Where?
In the company records, you cannot avoid changing the records to show she is married when you know she is married. Similarly, in the government records, where it is the duty of the employer to initiate the changes, you cannot avoid it.

In other records where it is the duty of the employee to give certain fresh nomination forms, you need to have records in your internal files that you asked her to do it and she did not bother. That will ensure you have evidence to show in case you are blamed for not asking for it to be done.

What exactly does she not want to do? Does she want to hide that she is married? Or does she just not want to change her surname?

I think she wants to hide that she is married. She wants to share benefits with her parents.

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According to me, not only in ESIC but in every department, she must inform about her marital status. Because if she had not informed, then all benefits under the various laws will be stuck between the parent and husband. When any employee is unmarried, his nominee may differ as per his/her choice. But when he/she gets married, then automatically his/her nominee will be his/her life partner. So, it's the prime duty of HR to inform the marital-related information to the concerned department.

On the other side, when she gives the declaration of her marriage in any department, it means her spouse has the legal liability to nominate her as his nominee in his documents. So, it's a two-way process. If she declares her spouse in the concerned department, then she will also be eligible for several benefits as the spouse of her husband. Why should we not share this information? Is there any special reason behind it?

I think dependent parents are still covered by ESIC. In the case of PF, she has the right to nominate her parents after marriage. The same is the case for gratuity. I do not know if any of the statutory or government schemes have a provision of removing dependent parents after marriage. So what does she gain by hiding the fact? Under the PF act, all nominations are automatically canceled after marriage, and if new nominations are not filed, the husband is the nominee. I hope you have informed her of the same.

Hello,

There is one more additional question to this: Is it okay to change the marital status of any employee if he/she does not submit the marriage registration certificate, but we know as a matter of fact that the person is married? Is it legal to make such changes on the basis of just a "Marriage Invitation Card?"

I request seniors to please clarify.

Best Regards,
GP

It is mandatory that she needs to give her husband details to ESI and as well as PF.

After marriage, all her nominations filed before marriage will become void, as proven in a recent high court judgment. In that case, the mother's name was mentioned in the nomination, and she also obtained the legal heir certificate. However, the judgment ruled in favor of the spouse.

@Gayathri,

We can't expect all employees to submit marriage certificates to prove their marital status. Will you collect the same for a new employee who is married? No, right? Then why the different approach for existing employees.

I called the ESIC office, and they said the employee is not able to provide medical benefits to his parents after marriage. They mentioned exceptions, such as the parents needing to stay with the employee for them to be able to receive the benefits. However, she wants to share the medical benefits with her parents, so she does not want to change her marital status.

ESIC provides six kinds of benefits:

1) Sickness Benefit
2) Maternity Benefit
3) Disablement Benefit
4) Dependents Benefit
5) Medical Benefit
6) Funeral Benefit

In Maternity Benefit, the child should be either legitimate or adopted. Therefore, she cannot claim the benefit if she does not show her marital status. For Dependents Benefit, the child should be legitimate or adopted. Under Medical Benefit, the members of the family will not cover the child and husband. In Funeral Expenses, nothing will go to the husband or child.

Regarding the query from ABC Linux, Dependents under 2(6-a) include a widowed mother irrespective of dependency. Additionally, if dependent on the earnings of the deceased member, it includes any parent.

This is a summary of the information provided.