Date of Joining: 15-Sept-2008 / Date of delivery: 16-July-2017
She is working in our company since September 2008 and covered under ESI from her date of joining. By June 2015, she got salary increment and her fixed gross salary was increased to more than Rs.15000 per month. So as per the ESI Act she is not eligible for ESI and her ESI contribution ends in 30th September 2015. Now, as per the latest amendment of ESI in January 2017, we have to cover the employees who’s fixed gross salary is Rs.21000 or below. So again she is covered under ESI and we are paying her contribution from January 2017 onwards for the same ESI number.
Due to her maternity (delivery date – 16.07.2017), she has applied for availing ESI maternity leave benefit in ESI branch office and they told that she has not completed 9 months of benefit period even-though she is eligible in contribution period entitlement of 70 days in immediately preceding 1 or 2 consecutive periods.
Because of the ESI amendment in January 2017, she cannot able to avail her ESI maternity leave. So in this case, how an employee is liable for completing 9 months of benefit period for availing ESI maternity leave even in continuation of service.
Please suggest..
She is working in our company since September 2008 and covered under ESI from her date of joining. By June 2015, she got salary increment and her fixed gross salary was increased to more than Rs.15000 per month. So as per the ESI Act she is not eligible for ESI and her ESI contribution ends in 30th September 2015. Now, as per the latest amendment of ESI in January 2017, we have to cover the employees who’s fixed gross salary is Rs.21000 or below. So again she is covered under ESI and we are paying her contribution from January 2017 onwards for the same ESI number.
Due to her maternity (delivery date – 16.07.2017), she has applied for availing ESI maternity leave benefit in ESI branch office and they told that she has not completed 9 months of benefit period even-though she is eligible in contribution period entitlement of 70 days in immediately preceding 1 or 2 consecutive periods.
Because of the ESI amendment in January 2017, she cannot able to avail her ESI maternity leave. So in this case, how an employee is liable for completing 9 months of benefit period for availing ESI maternity leave even in continuation of service.
Please suggest..