The Employees State Insurance Act, 1948( ESI ) is a law meant to financially support workers when they go through medical distress. Under the ESI law, you are eligible to get periodical payments in terms of maternity benefit. However, you have to work for 70 days to be eligible for maternity benefit. The benefits under the ESI law are as follows:
- You are entitled to paid maternity benefits for a period of up to 26 weeks. Out of this, the benefits of 8 weeks can be availed before delivery. 1))
- The maternity benefit under this law is a “Standard Benefit Rate”. It is the total amount of salary/wages received during a contribution period divided by the total number of days you have worked for or Rs. 25 whichever is higher.
- The type and time period of the benefits you can avail, if you have undergone miscarriage, abortion or are sick owing to your pregnancy, is the same under this law as it is under the Maternity Benefit Act.
- If a woman dies during delivery or in the period following her delivery then the same rules as under the Maternity Benefit Act applies.
- Under this Act, you cannot be dismissed, discharged, or punished while you are receiving maternity benefit. 2
- You are also entitled to a confinement expense of Rs.5000, provided that the confinement occurs at a place where necessary medical facilities under the ESI Scheme are not available. 3
- ((Section 56(2), Employees’ State Insurance (Central) Amendment Rules, 2017.
- Section 73, Employees State Insurance Act, 1948.
- Section 56A, Employees’ State Insurance (Central) Amendment Rules, 2017.