Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Gjk (ngo) Hr Manager
Executive Hr & Admin At Pena4 Tech
Retired Central Govt. Officer

Thread Started by #rajeshkavita

Pls advice on maternity leave amendment. As my wife applied for 6 month leave as per new law but her company replied that they will give only 3 month paid leave, as they don't have any confirmation for 6 month maternity paid leave.
Pls advice.
22nd January 2017 From India, New Delhi
1. Sir, please confirm under which Act your wife is claiming maternity leave from her employer. Whether she is covered under ESI Act, 1948 or not ?
2. So far as I understand, the Maternity Benefit Act, 1961 has not so far been amended and the eligible period under said Act is still twelve weeks.
23rd January 2017 From India, Noida
Dear Mr. Rajesh as per my understanding Maternity Act 1961 amendment drafted for "26 weeks/ 6 Months paid leave" but it doesn't passed or Gazetted by the Parliament or concern approving authority.
So i would say in this case your employer cannot permit for 6 month paid leave as your mentioned.
24th January 2017 From India, undefined
Sir, please see following separate threads on the same subject in which position has been discussed in detail by seniors. I think, the position in respect of amendment in the Maternity Benefit Act, 1961 is not progressed further since in last session of parliament, no work was virtually done.
24th January 2017 From India, Noida
The ESI has amended the relevant rules and made it 26 days. Similarly, the scope of the maternity benefit has been widened and as per the revised rules, the benefit to the extend of 12 weeks is available to commissioning mother and adopting mother.
Please see the attachment.
25th January 2017 From India, Kannur

Attached Files
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File Type: pdf ESIC Amendment for increase Maternity Leave.pdf (1.08 MB, 971 views)

My daughter who is employed in a private hospital was got delivered on 16.1.2017. She was discharged from hospital on 20.1.17. She has already submitted her application for grant of maternity leave from 16.1.2017. Since the new amendment extending the maternity benefit to 26 weeks was notified on 20.01.2017, whether she is entitled for the benefit of 26 weeks leave excluding the leave availed prior to 20.1.17, or she may modify her leave from 20.1.17 instead of from 16.1.17. If she is deprived of the benefit it amounts to discremination as the very purpose of the new amendment is to take care of the child and just for the sake of few days if she cannot avail the leave it will negate the intention.
17th February 2017 From India, Ernakulam
For every enactment there will be a cut off point. Since the ESI Corporation has decided to extend the benefit of 26 weeks to those who deliver on or after 20th January, you haven e to follow that. Otherwise, employees who have been in ESI leave for 8 weeks preceding 20th January should also get it. Again when the delivery has taken place in a private hospital, what is the requirement of any ESI leave? ESI leave is given to those who follow ESI rules and when there is facilities available in the ESI hospital why was she admitted in a private hospital? Was she referred to private hospital from ESI Hospital?
18th February 2017 From India, Kannur
1. Sir, I may submit that so far as payment of cash benefit namely-Maternity Benefit(MB) for the entitled period of such leaves is concerned, ESIC generally allows payment of such cash benefit (MB) as an ALTERNATIVE EVIDENCE (AE) case depending upon the facts of each case and also depending on entitlement of insured woman during the relevant benefit period. Such powers, so far as I know, are vested with the Manager/ Branch Officer and concerned senior officer at Divisional/Regional Office of ESIC. Therefore, even if delivery is taken place in a private hospital, the period of maternity leave is generally sanctioned as an alternative case and paid subject to confirmation by the employer regarding absentation from work for the period of such claims. Therefore, in my opinion, the Insured Woman/claimant can contact the concerned office as mentioned above alongwith original certification of delivery, birth of child / fitness certificate etc. issued by such private hospital. If medical leave is still continuing she can visit her ESIS dispensary and get relevant certificate, if allowed by Doctor Incharge.

2. However, so far as reimbursement of medical expenses incurred in private hospital is concerned, such expenses if referral policy not followed are not re-imbursed. However, there is provision of reimbursement of Rs. 5000/- in confinement cases incurred at such places where there is no ESIS facilities ( viz. non-implemented areas) ( please see Rule 56-A of ESI (Central) Rules, 1950).
18th February 2017 From India, Noida
Only very few companies have brought the Act into action, while the rest remain the same.
20th February 2017 From India, Bengaluru
Hello. This is Ganesh Krishnan. I have two queries.
1. One of the employee is wanting maternity leave. This is her 3rd child. Also i would like to ask regarding the payment of salary during the maternity leave period. From where i have seen, the rules majorly apply for first and second pregnancy only. will she still get 12 weeks as its her 3rd child?
2. Second query is a staff joined the organisation in August. and she got married in October 2016. She is currently expecting her 1st child. I would like to know what the law says? This news was received around december. I believe there is some mention about 160 days period in the maternity law. Can anyone please enlighten me with the same?
22nd February 2017 From India, Mumbai
Today i called ESIC,they told that they did not get any circular regarding maternity leave extension.
22nd February 2017 From India, Kolkata
The proposed amendment in Maternity Benefit Act provides for 26 weeks leave for 2 deliveries only and 12 weeks leave for any more than 2 child births. The parent Act has had no restriction with regard to number of children and, therefore, the employer was under an obligation to give 12 weeks paid leave without counting the number of deliveries or the number of alive children.

A women employee whether married or unmarried is eligible to maternity leave if she has worked for 80 paid days (not 160 which was made 80 days long before) during 12 months immediately preceding the expected date of delivery. Now, the interpretation of "during 12 months" has been a question of doubt always but in my knowledge it should be interpreted like, the employee should have a service of 12 months and during this 12 months she should have worked for 80 days for entitlement of maternity leave. If you take the conditions for maternity leave under ESI Scheme you will find that one who have contributed for at least 70 days in TWO contribution periods (means 12 months) only is eligible for 12 or 26 weeks leave.

Now coming to the apprehension of Roy Amrita, please share the circular attached in my earlier post to the concerned local office because many offices are still going without any internet facility due to which they are unable to get a copy of the circulars issued from their HQ. But they should have received illogical and ironical whatsApps trolls on this!!!

23rd February 2017 From India, Kannur
It depends on the company and their leave policies. Do check with these updates before going for leave applications as it can help you with the right benefits.
20th March 2017 From India, Bengaluru
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