Industrial Relations And Labour Laws
Insolvency N Gst Professional
Korgaonkar K A

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ESI Local office manager accepted to take 6 months maternity leave for third baby (2nd baby died after 3months of birth) but there are saying we will pay only for 84 days (is it true?). Any chance is there to get 6 months payment or not. Please give your valuable suggestion.
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Maternity leave available to working women has been increased from 12 weeks to 26 weeks for the first two children. This maternity benefit should not be availed before eight weeks from the date of expected delivery.
Maternity leave for third child onwards will continue to be 12 weeks.
Maternity leave of 12 weeks is required to be made available to mothers adopting a child below the age of three months as well as to the ‘commissioning mother’. Commissioning mother has been defined as the biological mother who uses her egg to create an embryo which is then planted in another woman.
All establishments with more than 50 employees need to provide crèche facilities for working mothers. They will be permitted to make four visits during working hours to look after and feed the child in the crèche.
The employer may permit a woman to work from home if the nature of work permits them to do so.
Every establishment will be required to intimate all the benefits available under the Act, in writing and electronically, to all women at the time of their initial appointment.
Source of info: Maternity benefit (Amendment Act) 2017
Your query is pertaining to maternity leave under ESI scheme and here is the answer to your query specific to the point, understandable.
I presume you are IW.
You are entitled to maternity leave for 26 weeks and not 12 weeks.
You have two surviving children and therefore question does not arise in this regard. Provision of ESI Act in this regard is given below for your reference:
The 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 six weeks shall precede the expected date of confinement.
I appreciate the reply by Keshav. In any case, whether it is the case of Maternity leave through employer's side or ESI side, the 26 weeks leave is applicable if the mother/ employee/ insured person is having not more than two 'surviving children' and therefore, if the second child is no more when the woman is availing maternity leave, she is said to have only one surviving child and as such she should get 26 weeks leave.
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