Maternity Leave Confusion: Will the New 26-Week Rule Apply to My Current Leave?

Hi,

I am presently on maternity leave. Will this new amendment of an increase to 26 weeks be applicable, or will I get only 12 weeks of paid leave?

Hi Sujatha,

The Union Cabinet and Rajya Sabha have approved the amendment. However, this is not yet implemented as a rule. I am not very sure, but this amendment has to be passed in a few states first for the act to be put into practice. It will take a while for the bill to become an act; I am not sure about the timeframe, though. Some organizations have already implemented the new amendment in their corporate policies.

Hi Sujatha,

Are you receiving a salary from your office? If yes, then from the first week of maternity or are you asked to wait for 3 months? I am being asked to wait for 3 months to receive my salary. I filled out form 23 in ESI and was instructed to wait to fill out other forms after 3 months.

Regards,
Sweta

You have not stated from which date you are already on maternity leave. The Amendment Bill was introduced on 8th August 2016. However, in the Amendment Bill, it is clearly mentioned, "It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint." The formal Gazette is yet to be issued.

Generally, the law applies as mentioned in the notification. Since you are already availing of the benefit, in my opinion, you are entitled only as per the previous notification's entitlements.

One more point to consider is that if you are covered under ESI, then the same will be paid by the ESI Office only. Your employer is not legally bound to pay anything against Maternity Leave. If you are not covered under ESI, then only you are eligible to get benefits from your employer. Ms. Sweta has explained how to get benefits from ESI (she faced a lot of problems in getting the benefits, so she has shared her real experience).

Regards

Dear seniors and experts,

I have a doubt regarding the new amendment in the Maternity Benefit Act. The maternity leave duration has been revised to 26 weeks from the previous 12 weeks in the new amendment. I am unsure if this change is applicable to all states or only some.

Another question I have is, when does this amendment come into effect? Specifically, is it from August 16 or a different date? Also, I am curious if employees covered under ESI can avail of this extended 26-week maternity leave.

I am from Tamil Nadu, and I am wondering if this amendment applies to our state as well. I kindly request clarification on these matters.

Thanks & Regards,

Pandian
H.R. Executive
7339329479

Sir, the proposed Maternity (Amendment) Bill, 2016 has not so far been passed by both the houses of Parliament. I think the bill is still to be passed by the Lok Sabha. Until and unless the same is passed by both houses of Parliament, receives the assent of the President of India, and the appropriate government publishes it in the Gazette of India and enforces the amendments, the provisions of the old Maternity Benefit Act, 1961 will continue to be applicable.

Online link to an article that appeared in The Times of India, Delhi, dated 31/08/2016, showcasing the current status of the amendment in the Maternity Benefit Act, 1961, is provided below for the kind information of the members of this forum:
The Times Group