Maternity Benefit Under Employees State Insurance Act

Maternity benefit under ESI consists of periodical cash payments in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, to an insured woman as certified by a duly appointed medical officer or mid wife.

Section 56 under ESI Central Rules 1950 mentions,

" An Insured women (IW) shall be qualified to claim maternity benefits for a confinement occurring or expected to occur in a benefit period, if the contributions in respect of her were payable for not less than 70 days in the immediately preceding two consecutive contribution periods."


To that effect, the normal contribution periods are April to September and October to March. There are two corresponding benefit periods also, viz. January to June and July to December. Any employee who becomes a member of ESI is eligible for benefits after around nine months of his/her admission.

If date of delivery is in the month of July, she should have paid contributions at least for 70 days in the two consecutive contribution periods, ie, previous year's October to March period and April to September period. Woman employee who join as newly will not be eligible for maternity benefit.

Furthermore, the responsibility for payment of maternity benefit in respect of ESI covered employee is with the ESIC whereas it lies with the employer in respect of an employee who is not covered by ESI Act.

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