Hi I m presently on maternity leave. Will this new amendment of increase to 26 weeks be applicable. Or will I get only 12 weeks of paid leave.
From India, Mumbai
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Vice President - Hr/hcm/people Success
Sweta Gola
+1 Other


Hi Sujatha,
The Union Cabinet and Rajya Sabha have approved the amendment. However, this is not put in as a rule. I am not very sure, but this has to be passed in few states first for the act to be put in practice. It will take a while for the Bill to become an Act, not sure about the period though. Again few organizations have already implemented the new amendment in their corporate policy.

From India, Bangalore
Sweta Gola
Hi Sujatha,
Are you receiving salary from your office?
If yes, then from the first week of Maternity or asked to wait for 3 months?
I am being asked to wait for 3 months for getting my salary. I filled form 23 in ESI and asked to wait to fill other forms after 3 months.

From Netherlands, Amsterdam
Pan Singh

Dear Sujatha,
You have not stated from which date you are already on maternity leave.
The Amendment Bill was introduced on 08th Aug 2016. However, in the Amendment Bill it is clearly mentioned "It shall be come into force on such date as the Central Govt. may, by notification in the official Gazette, appoint." The formal Gazette yet to be issued.
Generally the law applies as mentioned in the notification. Since you are already availing the benefit, as per my opinion you are entitled only as per previous notification's entitlements.
Here one more point is, if you are covered under ESI, than same will be paid by ESI Office only. Your employed is not bound (legally) to pay anything agst Maternity Leave.
If you are not covered under ESI, than only you are eligible to get benefit from your employer. Ms Sweta has explained how to get benefit from ESI (she faced lot of problems in getting the benefits, so she has shared her real experience).

From India, Delhi

Attached Files (Download Requires Membership)
File Type: pdf Maternity Benefit (Amendment) Bill 2016.pdf (2.65 MB, 1130 views)


Dear seniors and experts
i have a doubt in M.b new amendment
that is,now the maternity leave days is revised as 26 weeks instead of 12 week in the new amendment
its applicable for all state or some date
and next doubt is with effect from aug 16 or when from
then this 26 weeks m.b leave can avail or not by ESI covered employees
Iam frm tamilnadu it applicable for our state or not
kindly i ask u, please clear my doubt
Thanks & Regard
pandian H.R Executiv

From India, Madurai
Harsh Kumar Mehta

Sir, the proposed Maternity (Amendment) Bill, 2016 has not so far been passed by both the house of Parliament. I think, the bill is still to be passed by the Lok Sabha. Until and unless, the same is passed by both house of Parliament, receives the assent of President of India, and the appropriate govt. publishes in the Gazette of India and enforces the amendments, the provisions of old Maternity Benefit Act, 1961 will continue to be applicable.
From India, Noida
Harsh Kumar Mehta

Online link of an article appeared in the Times of India Delhi dated 31/08/2016, which shows the present status of amendment in the Maternity Benefit Act, 1961 is mentioned as follows for kind information of members of this forum:
The Times Group

From India, Noida

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