Maternity Leave Changes: Is It Really Extended to 26 Weeks and What About Miscarriage?

Hi Seniors,

Has the Maternity Benefit Act extended the maternity leave to 26 weeks from 12 weeks? I think the Rajya Sabha passed the bill on 10th August 2016, but it's not approved yet.

If not, what is the current stipulated maternity leave? Is there a provision for miscarriage or adoption of a child in the current law?

Thanks,
Vineeta

Though both houses (Lok Sabha and Rajya Sabha) have passed the bill, the official gazette has not been issued by the government. The Act will become applicable only after the concerned department issues a notification.

Current Benefits

The current benefits are:
- Every woman shall be entitled to twelve weeks' payment (of which not more than six weeks shall precede the date of her expected delivery) at the average daily wage rate (average of the preceding three calendar months).
- In the case of a miscarriage, six weeks' leave with average pay from the date of the miscarriage.

As per my knowledge, the current law is silent about the adoption of a child. However, this aspect has been considered in the proposed amendment.

I hope my clarification will serve your purpose; fellow members can shed more light on the matter.

Maternity leave has been increased to 26 weeks for ESIC members effective from January 22, 2017. Click here to know more.