Korgaonkar K A
Srinath Sai Ram
Hr Manager

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ESIC - Notification issued for the increase in Maternity Benefit from 12 weeks to 26 weeks

Effective from 20th January, 2017, by virtue of amendment in the ESI Rules , an insured woman shall be entitled to 26 weeks maternity leave.

An insured woman having two or more than two surviving children shall be entitled to receive maternity benefits during a period of twelve weeks of which not more than 6 weeks shall precede the expected date of confinement.

Clause 6A of rule 2 of the ESI Central Rules following clause has been added.

‘(6A) – “insured woman” means a woman who is or was an employee in respect of whom contribution is or were payable under the Act and who is by reason thereof, entitled to any of the benefits provided under the Act and shall include:-

(i) a commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other women;

(ii) a woman who legally adopts a child of upto three months of age.’;

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Please clear my doubt if women not insured in esic act then the company will pay her full gross salary or only basic salary, please
Dear Sonuji,Women Employees not covered under ESI, Come under The purview of The Maternity benefit Act, 1961.MB-26 weeks leave with Pay.Last drawn Gross Salary has to be paid
Dear Sonu Sharma ji,
You are HR Executive. You should answer to the questions of members. Or atleast do some self study before asking any question of basic nature.
Our learned members Shrinath Sai Ram has though answered you rightly, I giving below the Section 2(n) which defines wages, verbatim.
Wages includes all remuneration that means includes Basic Wages, all such allowances (including dearness allowance and house rent allowance), incentive bonus and the money value of concessional supply of food grains and other articles.
Dear Korgaonkar K A ji
I asked about gross salary, not about wages and I know that what is included in wages and by above answer I clear my doubt.
When we are saying last gross salary is it mentioned in 1961 act or any documents which support the statement???? if it is please share me a copy of that.
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