An insured woman eligible for 26 weeks of maternity leave under ESI Rules: An “insured woman” under the Employees’ State Insurance (Central) Rules, 1950 (“ESI Rules”) has been defined to include a woman who is, or was, an employee in respect of whom contribution is or was payable under the Employees’ State Insurance Act, 1948 and who is, by reason thereof, entitled to any of the benefits provided under the said Act and shall include: (i) a commissioning mother who, as biological mother wishes to have a child and prefers to have the embryo implanted in any other women; and (ii) a woman who legally adopts a child of up to three months of age.
Conditions to be followed by the principal employer under EPF Scheme: The conditions to be followed by the principal employer under the Employees’ Provident Fund Scheme, 1952 (“EPF Scheme”) to pay provident fund to a contract worker are as follows: (i) Principal employer should ensure that the contractor is registered with the EPFO; and (ii) payments due to the contractor should be made only after verifying that the statutory provident fund payments have been made to EPFO. Rule 30 (3) of the EPF Scheme provides that it shall be the responsibility of the principal employer to pay both the contribution payable by him, in respect of the employees directly employed by him, and also in respect of the employees employed by or through a contractor, as well as administrative charges. The Employees’ Provident Fund Office published certain conditions to be followed by principal employers if they are advised to discharge the provident fund to the contract employees.