Now, women availing maternity benefit of 26 weeks also entitled to claim sickness benefit (cash benefit) under ESI Rules; Govt. inserts new proviso to ESI Rules with retrospective effect
A new proviso has been added to the Employees’ State Insurance (Central) Rules, 1950 (“Principal Rules”) which now entitles insured women to claim sickness benefit (cash benefit) for having availed maternity benefit of 26 weeks with retrospective effect since 20th January, 2017.
Background:
Maternity benefit under the Principal Rules was enhanced from 12 weeks to 26 weeks with effect from 20th January, 2017. The enhancement in maternity benefit to 26 weeks (i.e.,182 days) led to the insured woman availing this benefit becoming dis-entitled to sickness benefit (cash benefit) as no sufficient contribution was received in that particular contribution period due to confinement. In order to make such insured woman entitled to sickness benefit also, the Ministry of Labour and Employment has notified the Employees’ State Insurance (Central) Amendment Rules, 2022 (“2022 Amendment”) to insert a new proviso to *Rule 55(1) of the Principal Rules with retrospective effect, i.e., with effect from 20th January, 2017 so that all those who became dis-entitled by not amending this rule earlier, can avail the benefit from the said date.
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*Rule 55(1) – Sickness benefit
Subject to the provisions of the Act and the regulations, a person shall be qualified to claim sickness benefit for sickness occurring during any benefit period if the contributions in respect of him were payable for not less than seventy-eight days in] the corresponding contribution period and shall be entitled to receive such benefit at the daily standard benefit rate for the period of his sickness
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