What are ESI rules for married daughter's family


i am from delhi and get benefits from esic. i just wanted to know that now that can married daughter nominate her parents for medical benefits or not. my company's consultant are denying that now i m married so i can't enroll my parents under benefits. but they are totally dependent on me. please let me know Thanks


Answers (1)

RELEVANT PROVISION / APPLICABLE LAW GOVERNING THE SUBJECT MATTER

Section 2(11) of The Employees' State Insurance Act, 1948;

"[(11) family means all or any of the following relatives of an insured person, namely:

(i) a spouse;

(ii) a minor legitimate or adopted child dependant upon the insured person;

(iii) a child who is wholly dependant on the earnings of the insured person and who is—

(a) receiving education, till he or she attains the age of twen­ty-one years,

(b) an unmarried daughter;

(iv) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependant on the earnings of the insured person, so long as the infirmity continues;

[(v) dependant parents, whose income from all sources does not exceed such income as may be prescribed by the Central Government;]

[(vi) in case the insured person is unmarried and his or her parents are not alive, a minor brother or sister wholly dependant upon the earnings of the insured person;]"

ANSWER TO THE QUERY:

i) You are covered by Section 2 (11) (v) of the The Employees' State Insurance Act, 1948, reproduced above.

ii) Section 2 (11) (v) DOESNOT distinguish between a married / unmarried / son / daughter. It applies to everyone in the same manner.

iii) Your dependent parents will be covered under the ESIC Scheme.

SOLUTION:

Bring this provision (Section 2 (11) (v) of the The Employees' State Insurance Act, 1948) to the notice of your employer. This should resolve your issue.


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