Maternity Benefits - 12 or 24 weeks? What is the amount of Medical Bonus?

Dear Sirs/Madams,

I have newly joined as an HR Manager from a Finance background. On the first day of my joining, a few employees were asking about Maternity Benefits. I have searched the web and found different information; some sources state it is a 12-week leave, while others mention a 24-week leave with 100% paid daily average salary. I would like clarification on the following points:

1. What is the exact number of leave days? Is it 12 or 24 weeks?
2. What is the amount of the Medical Bonus?
3. What happens if the staff is not covered by ESI (because the salary range is above 21,001 Rs.)?

Please assist me with this information.

Thank you.

Hi,

Before joining as an HR Manager, you should have done proper research on your job description (JD) and should have enhanced your skills with respect to the JD.

Is there any policy in your organization related to Maternity Benefits? If yes, then follow the same.

As per the Maternity Benefit Act, employees who are not covered under ESI are eligible for Maternity benefits of 12 weeks only. Any employee covered under the Maternity Benefit Act is entitled to 6 months of benefits from ESI.

Please let me know if you need any further assistance.

Thank you for the information, Sir. However, to be honest, there has been no HR Manager since the company started about 4 years ago, so there are no HR policies in place. I would appreciate it if you could help me. What benefits will women receive from the employer if they are not covered under ESIC, and what are the employer's responsibilities assuming that a female employee's monthly salary is Rs. 22,000?

You will have to institutionalize maternity benefits policy and incorporate provisions of the Maternity Benefits Act to mitigate corporate risks. I have sent you a separate email regarding that.

Best!

Hello,

Not to worry. At present, the maternity benefit is still for 84 days (84/7=12 weeks). Yes, a new policy is in process and will take time to get implemented (24 weeks). Also, correctly said, by default, any woman if not covered under ESIC gets maternity benefit.

Ideally, 2 cheques are also prepared - 1 cheque of salary for 6 weeks before the delivery of the baby and 2 cheques (6 weeks) of the salary after the birth certificate of the child is submitted (as per the law). But I have never followed and it goes with the salary.

Also, there is a maternity return to be filled on an annual basis. Check for statutory consultants; they will guide you.

As per ESI, the maternity leave is 26 weeks from 20th Jan 2017. Under the Maternity Benefit Act, it is 84 days. However, it is likely to be enhanced to 26 weeks.

Maternity benefit for women covered under ESI is 24 weeks. (ESI has special powers to implement as understood by a senior consultant). For others, it is still 12 weeks. Lok Sabha has to approve 24 weeks, which has not been done yet.

Regards,
Mahesh

Dear all,

Please understand the basic difference between ESI Maternity Leave benefit and Maternity Leave under the Maternity Benefit Act. These acts are totally different. The second one shall apply to those employees who are not covered under the ESI ambit. Presently, ESI provides 26 weeks of Maternity Leave, while the Maternity Benefit Act gives only 12 weeks as of now. I hope this clarifies. A minimum of 80 days of working is required to become eligible for the same.

V. Murali

When did the MB Act increase benefits for 21 weeks? Please post the gazette notification.

Dear Sirs/Madams,

As per the Times of India news, it is published that maternity leave is extended to 24 weeks from 12 weeks. It is also stated that the bill is passed by Lok Sabha. Please follow the link of the news posted below: [maternity leave in India: Parliament passes bill to raise maternity leave to 26 weeks | India News - Times of India](http://timesofindia.indiatimes.com/india/parliament-passes-bill-to-raise-maternity-leave-to-26-weeks/articleshow/57565644.cms?TOI_browsernotification=true)

Kindly verify the same.

Thank you all

It has been extended to 26 weeks and not 24 weeks. It was just approved in Lok Sabha. Subsequently, there are further processes before the final Gazette. It is better to wait and watch until the Gazette notification.

Dear Sirs/Madams,

Just one clarification: if a female employee is covered under ESI and is obtaining Maternity leave, in this case, will ESI compensate the salary for 12 weeks or 26 weeks, or does the employer have to pay the salary?

Thank you, all.

ESI will pay her maternity benefit for 26 weeks subject to eligibility conditions.