Meena's Maternity Leave, the Unpaid Months and a Death in the Family

Maternity benefit under ESI is paid by the Corporation, not by the employer, at 100% of average daily wages for 26 weeks where the woman has the required contribution record in the relevant contribution period. The 12-week duration applies only to a woman who already has two or more surviving children, and nothing in the Act turns on the size of the factory. The 'fewer than 50 workers' test belongs to the employer-funded Maternity Benefit Act scheme, which is not the route here because ESI maternity benefit is available. With 150 days of contribution in April–September 2024, Meena is far above the contribution condition (the branch should confirm the exact day-count prescribed in the current ESI (Central) Rules, but no version of it comes near 150). On an average daily wage of ₹600, 26 weeks is 182 days, roughly ₹1,09,200. HR's statement must be corrected in writing. If the company pays wages for part of the leave, the branch should reconcile the two so that the same days are not paid twice.

Dependants' benefit arises under section 52 only where an insured person dies as a result of an employment injury. Meena's husband was a self-employed auto driver. He was not an insured person under the Act at all, and a heart attack is not an employment injury in any event, so there is no benefit to distribute. The mother-in-law's complete dependency does not create an entitlement of its own: dependency is a condition applied to the dependants of a deceased insured person, not an independent doorway into the scheme. Funeral expenses under the scheme are payable on the death of an insured person, so they are not available here either. Meena's own medical benefit and the children's position as her family members are separate questions and should be checked against the current rules before anything is promised at the counter. The correct handling is to record the application, explain the ground of rejection in writing, and point the family to the general schemes for which they may separately qualify.

No. The employer is statutorily liable to pay both shares, and a default does not extinguish the insured person's rights. Where the employer fails, ESIC recovers the amount as arrears of land revenue under section 45, with interest and damages up to 100% under section 85B, and the branch is not to refuse benefit to the worker for the employer's lapse. The deduction entries in her wage slips are themselves evidence that she was in insurable employment during those months. In practice the branch should check her contribution record; if August and September do not appear, it should accept wage slips, bank statements and the deduction register as proof and process the maternity claim without waiting for the arrears to be realised. Refusing the claim would visit the employer's default on the worker, which is precisely what the scheme is built to prevent.