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
30th July 2018 From India, Pune
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.
30th July 2018 From India, Mumbai
30th July 2018 From India, Kannur