Has the Maternity Benefit Act 1961 Amendment Bill Passed in the Lok Sabha Yet?

Hello All,

Can someone confirm to me if the Maternity Benefit Act of 1961 amendment bill has been passed in the Lok Sabha? I am aware that it has already passed through the Rajya Sabha with the amendments.

Regards,
Tejaswini

Status of the Maternity Benefit Act Amendment

It was passed on August 11, 2016, in the Rajya Sabha. It's pending with the Lok Sabha. In the meantime, a few members of the industry have requested the Lok Sabha not to pass this bill, stating that many companies in the medium and small-scale sector may avoid recruiting female employees who might avail themselves of maternity benefits. There is intense lobbying going on, but the government is determined to pass the bill. I understand that ESIC has already notified through a circular about the new entitlements for those covered under ESI. Can someone clarify this?

Sir, yes, the Central Government has issued the final notification dated 20/01/2017 approving amendments in respect of Maternity Benefit under the ESI Act, 1948. A copy of the final notification can be downloaded from the following website of the Government of India: http://www.egazette.nic.in/(S(r1oaod...)/Search1.aspx However, a copy of the same is uploaded as an attachment. As far as I understand, the amendment bill for the amendment in the Maternity Benefit Act, 1961, is still pending with Lok Sabha.

At present, it applies only to the ESIC Act and not the Maternity Benefit Act, 1961.

V. Murali

The bill is yet to receive the approval of the Lok Sabha. It appears that companies are not comfortable with the requirement of establishing creche facilities. After Lok Sabha approval, the bill has to receive the President's assent, and then the Central Government has to come out with a Gazette notification. Only then will the amendments take effect. I am not sure if the states also have to pass any legislation to give effect.

Maternity Benefit Eligibility Under ESI Act

Maternity benefit is payable for 84 days (now enhanced/amended to 26 weeks effective from 20.01.2017 under the ESI Act), subject to payment of contributions for not less than 80 days in the immediately preceding two contribution periods. The benefit can be claimed at any time prior to six weeks before the expected date of confinement or from the date of confinement as per the conditions and requirements of the insured woman.

This bill is not yet passed in the Lok Sabha; however, if you and your establishment are covered under the ESI Act and your expected delivery is during the end of September 2017 or October 2017, you would be eligible for cash benefits.

Good Wishes,
Suresh