Introduction of Employees’ State Insurance (Central) Amendment Rules, 2022
The maternity benefit under Rule 56(2) of the ESI (Central) Rules, 1950, was enhanced from 12 to 26 weeks w.e.f. 20th Jan 2017, via notification no. G.S.R. 62(E), dated 20/01/2017.
The enhancement in maternity benefits to 26 weeks (i.e., 182 days) led to the insured woman availing this benefit and becoming disentitled to the sickness benefit (cash benefit) as no sufficient contribution was received in that particular period due to confinement.
In order to make such insured women entitled to get the sickness benefit also, it is proposed to amend Rule 55(1) so as to insert a new proviso with retrospective effect, i.e., w.e.f. 20/01/2017, so that all those who became dis-entitled by not amending this rule earlier could be eligible to get the benefit from the said date.
Consequently, the Ministry of Labour & Employment, Govt. of India issued Circular no. X-11/14/1/2019 dated 14.03.2022 r/w Notification No. G.S.R. 176(E) dated 07.03.2022, wherein under the Employees’ State Insurance (Central) Rules, 1950, after the third proviso in Rule 55(1), the following proviso has been inserted:—
“Provided also that in case of an insured woman who is in receipt of maternity benefits and due to reason of which a shorter contribution period is available to her in the contribution period in which the maternity benefit falls, she shall be qualified to claim sickness benefits in the corresponding benefit period if the contribution in respect of her was payable for not less than half the number of days available for working in such contribution period.
Now, this rule would entitle a more insured woman to claim the sickness benefits, and this retrospective amendment shall not prejudicially affect her from any other benefit entitled under the ESI Act, 1948.
The complete text of the circular may be viewed at the below link: https://bit.ly/36K3cw8
Additional Resources:
- Labour Law Advisory
- Changes in Esic Aadhar Seeding Application Due to E-KYC changes by UDAI
- Department of Commerce Notifies Work from Home Rule for Employees
- Enactment of Karnataka Compulsory Gratuity Insurance Rules, 2024
- Ministry of Labour Employment Notifies Final Central Rules Under Labour Codes
Article contributed by Syed Arsalan Ahmed, Associate – Legal, MBG Corporate Services