Is the ESI Maternity Leave Really Extended to Six Months in 2012? Seeking Clarity

ESI Maternity Benefit Leave Extension Inquiry

Recently (June 2012), we heard through word of mouth that the ESI maternity benefit leave period has been extended up to six months. However, we have not yet received any circular or Gazette confirming this information.

Is this information correct? One of our employees has taken maternity leave since June 2012; is she eligible for the extended leave period?

Regards,
Umesh

There has been no such notification to date. Yes, it was in the news that the government is going to make such provisions. However, it will take a considerable amount of time as it is only a proposal at this stage.

Regards

I also have not come across any such amendment, but the latest amendment, which came in 2008, is produced below:

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2008

NO. 15 OF 2008

[1st April, 2008.]

An Act further to amend the Maternity Benefit Act, 1961.

BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:

1. Short title and commencement.

1. Short title and commencement. - (1) This Act may be called the Maternity Benefit (Amendment) Act, 2008. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Substitution of new section for section 8.

2. Substitution of new section for section 8. - In the Maternity Benefit Act, 1961, for section 8, the following section shall be substituted, namely: "8. Payment of medical bonus. (1) Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of one thousand rupees if no pre-natal confinement and post-natal care is provided for by the employer free of charge. (2) The Central Government may, before every three years, by notification in the Official Gazette, increase the amount of medical bonus subject to the maximum of twenty thousand rupees."

K.D. SINGH, Secy. to the Govt. of India.

In Tamil Nadu, one of the leading labor law notices printing companies mentioned in the Maternity Rules that if the employee works for 160 days, including the laid-off days in a year, she is eligible for entitled maternity benefits. Seniors/peers, is this correct? Please let me know if there are any errors.