Hello All, Can someone confirm to me on if the Maternity Benefit Act, 1961 amended bill passed in Lok Sabha. I know that it has been passed through Rajya Sabha with the amendments. Regards, Tejaswini
From India, Bengaluru

It was passed on August 11, 2016 in the Rajya Sabha. Its pending with the Lok Sabha. In the meantime, a few members of the industry have requested the Lok Sabha not to pass this bill stating that many companies in the medium and small scale sector may avoid recruiting lady employees who might avail benefits of maternity. There is intense lobbying going on. But the goverment is determined to pass the bill. I understand that ESIC has already notified through a circular about the new entitlements for those covered under ESI. Someone could clarify this.
From Indonesia, Jakarta
Sir, yes Central Govt. has issued final notification dated 20/01/2017 approving amendments in respect of Maternity Benefit under ESI Act, 1948. Copy of final notification can be downloaded from following website of government of India:-
However, a copy of the same is uploaded as attachment. So far as I understand amendment bill for amendment in the Maternity Benefit Act, 1961 is still pending with Lok Sabha.

From India, Noida

Attached Files
File Type: pdf ESI Rule amendment reg enhancement of Maternity Benefit Jan 2017.pdf (1.08 MB, 837 views)

From India, Madipakkam
Dear sir, if a girl comes under esi started from jan'17 (as already is Rs20850) and conceived baby on jan17. And expected due month is Oct17. Than pls confirm , is she avail esic benefit of extended maternity leave ? i have read 78 days working must be there on contribution period. But i think i'll be around 68-72 days only (upto march , 1st contribution period). pla confirm whether second contribution period that will start from Apr'17 will also be include... will i be able ti avail maternity leave of 6 month from ESIC on OCt17 ?
From India, Mohali
The bill is yet to receive the approval of the Lok Sabha. It appears that companies are not comfortable with the requirement of establishing creche facilities. After LS approval, the bill has to receive President's assent and then CG has to come out with a Gazette notification. Only then the amendments will take effect. I am not sure if the states also have to pass any legislation to give effect.
From India, Bangalore
1. Dear member, so far as I understand under ESI Act, 1948 there are various benefits and under the situation as mentioned above in case of pregnancy, the insured woman will be entitled for 2 type of benefits i.e. (a) medical benefit i.e. medical treatment/hospitalisation for delivery etc. and (b) Maternity Benefit in the form of cash benefit i.e. in common language we may call as salary of the maternity leave period upto the extent as allowed in said Act (as amended as mention in my earlier remarks above).

2. So far as position regarding medical treatment is concerned, the insured woman will undoubtedly be entitled for medical treatment / hospitalisation etc. And so far as payment of Maternity Benefit is concerned, it will be more better if you may contact the appropriate ESIC Branch Office to which you are attached in order to confirm your eligibility as on 01/10/2017. Regarding eligibility in respect of marginal case as mentioned above, hope you will go through Regulation 4 (proviso) to ESI (General) Regulations, 1950. The insured woman is also required to visit and consult the appropriate ESIS Doctor to confirm and get medical certificate regarding "Expected date of confinement" as required under Rule 56 of ESI (Central) Rules, 1950. These Regulations / Rules can be seen /downloaded from the website of ESIC. With best wishes.

From India, Noida

Dear Meena 1986,
Maternity benefit is payable for 84 days, (Now enhanced / amended to 26 weeks w.e.f.20.01.2017 under ESI Act) subject to payment of contribution for not less than 80 days in the immediately preceding two contribution period. The benefit can be claimed at any time prior to six weeks before the expected date of confinement or from the date of confinement as per the condition and requirement of the insured woman.
This bill is not yet passed in Lok Sabha, however, if you & your establishment are covered under ESI Act and your expected delivery is during end Sept. 2017 / Oct. 2017, you would be eligible for cash benefit.
Good Wishes,

From India, Thane
thanks for your response.... one more query... my next salary review due on june17. if salary increased aand then surly i'll be out of esic..... but 2nd contribution period will already start on Apr17.
So pls confirm th also i avail benefit of esic leave .

From India, Mohali
You will be eligible for ESI maternity leave and benefits since it is applicable for next 9 months from oct'17 as benefit period even you are out of ESI limit from june'17, your contribution should be made till 30th sep'17 pay,

From India, Madipakkam

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