Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Ganijohn
Executive Hr & Admin At Pena4 Tech
Gkrishgjk
Gjk (ngo) Hr Manager
Roy.amrita
Service
Somansreesailam
Retired Central Govt. Officer

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Hi,
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.
Thanks
Rajesh

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.

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.

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.
https://www.citehr.com/100535-matern...nload-pg2.html
https://www.citehr.com/572424-matern...ct-2016-a.html

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.
Madhu.T.K

From India, Kannur

Attached Files
File Type: pdf ESIC Amendment for increase Maternity Leave.pdf (1.08 MB, 1130 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.
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?
Madhu.T.K

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).

From India, Noida
Only very few companies have brought the Act into action, while the rest remain the same.
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?

From India, Mumbai

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