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THE EMPLOYEE'S STATE INSURANCE ACT, 1948

1.    Should a notice be given to ESIC for claiming maternity benefit if the delivery is due after six months?

 

Solution:

 

There is an ambiguity in the question as there is no mention of the person being an employee. Benefit will be available only if the woman is an employee. If you are employee and your wife is not an employee, she is not entitled to maternity benefits. However, she is entitled to maternity benefits such as hospitalization, delivery, pre & post natal check-up etc.

 

 

2.    After serving an establishment for 10 years with the membership of ESI, the employee will be retiring by the end of this year. What are the conditions for availing medical/sickness benefit?

 

Solution:

 

If you are retiring on attaining the age of superannuation or under voluntary retirement scheme or taking pre-mature retirement and in insurable employment for a minimum of 3 years, you are entitled to medical benefits by paying Rs.120/- per year in advance to the ESL Corporation. Medical benefits are available to the insured person and his/her spouse only

 

3.    By, a notification, the ESI Act has been made applicable upon hospitals also. A company has been providing treatment to their employees and their families without any charges. Can they seek an exemption under the ESI Act?

 

Solution:

 

Merely providing treatment is not a ground for seeking exemption. Besides treatment which is being provided by ESIC to the employees and his/her family members including specialized services, ESIC is extending other benefits too. For seeking exemption, you have to provide the benefits at par or better than ESIC. I do not advice you for seeking exemption.

 

4.    Sapna & Associates, is a Chartered Accountant firm employing more than 30 employees. Will it be coverable under the ESI Act?

 

Solution:

 

All commercial establishments are coverable under the provisions of the ESI Act. Since, Sapna & Associates is employing 30 persons; it is coverable under the provisions of the ESI Act.

 

 

5.    We have made a settlement with the Union whereby long outstanding dispute has been settled in the said settlement. We have to pay arrears with retrospective effect. My question is as to whether ESI contribution will be attracted on such arrears?

 

Solution:

 

No contribution is payable on the arrears with retrospective effect.