The proposed amendment in Maternity Benefit Act provides for 26 weeks leave for 2 deliveries only and 12 weeks leave for any more than 2 child births. The parent Act has had no restriction with regard to number of children and, therefore, the employer was under an obligation to give 12 weeks paid leave without counting the number of deliveries or the number of alive children.
A women employee whether married or unmarried is eligible to maternity leave if she has worked for 80 paid days (not 160 which was made 80 days long before) during 12 months immediately preceding the expected date of delivery. Now, the interpretation of "during 12 months" has been a question of doubt always but in my knowledge it should be interpreted like, the employee should have a service of 12 months and during this 12 months she should have worked for 80 days for entitlement of maternity leave. If you take the conditions for maternity leave under ESI Scheme you will find that one who have contributed for at least 70 days in TWO contribution periods (means 12 months) only is eligible for 12 or 26 weeks leave.
Now coming to the apprehension of Roy Amrita, please share the circular attached in my earlier post to the concerned local office because many offices are still going without any internet facility due to which they are unable to get a copy of the circulars issued from their HQ. But they should have received illogical and ironical whatsApps trolls on this!!!
Madhu.T.K