The Employees State Insurance Corporation (“ESIC”) has issued a circular dated 17th August 2023 which reiterates an earlier notification dated 25th July 2023 amending Rule 55 (1) and Rule 56 (1) of Employees State Insurance (Central) Rules, 1950 (“ESI (Central) Rules”) for relaxing eligibility conditions in the contribution period from 01.04.2020 to 30.09.2020.
Key Highlights:
a) The amendment inserts the fourth provision in Rule 55 (1) relaxing the eligibility conditions for a person, appointed before 1st April 2020. The proviso states that a person, appointed before 1st April, 2020 shall be qualified to claim sickness benefit for the period 1st January, 2021 to the 30th June 2021, if the contributions in respect of such person were payable for not less than thirty-nine days during the contribution period 1st April, 2020 to the 30th September, 2020, or for not less than seventy-eight days during the contribution period 1st October 2019 to the 31st March, 2020.
b) The amendment also inserts a proviso in Rule 56 (1) which states that an insured woman shall be eligible to claim maternity benefit for a confinement occurring or expected to occur during the benefit period 1st January, 2021 to the 30th June 2021, if the contribution to such women were payable for not less than thirty-five days in the immediately preceding two consecutive contribution periods, namely, 1st October, 2019 to the 31st March, 2020 and 1st April, 2020 to the 30th September, 2020.
Background:
During the nationwide lockdown in the COVID-19 pandemic in 2020, a large number of ESI covered units were not functional thereby resulting in less number of available working days for several employees. This caused difficulty in availing ESIC Benefits due to lack of minimum requirement of 78 days contribution period. Taking this into consideration an agenda was placed in the 184th meeting of ESIC seeking to amend Rule 55 & 56 of ESI (Central) Rules. The amendment proposed to relax eligibility conditions for providing sickness benefit to insured persons and insured women who could not fulfil the required eligibility condition for sickness benefit and maternity benefit during the period January-June 2021. The Corporation had approved the said proposal and accordingly the amendment in Rule 55(1) & 56(1) was notified on 25.07.2023. Now this circular reiterates the said notification and has been internally circulated by ESIC for further action by their Regional Offices/Sub-Regional Offices.
For a detailed read please refer to the appended document
Source: Employees State Insurance Corporation
