Navigating Maternity Leave Extensions: How to Handle New Bill Changes for Non-ESIC Employees?

Maternity Leave Extension Query

Dear Seniors,

One of my staff members is on maternity leave from December 2016, although she is not covered under ESIC. She has been granted maternity leave for 3 months. Now, as the new bill has passed in parliament extending maternity leave to 24 weeks from 12 weeks, can we extend her leave as she has applied for an extension? Also, she will be on loss of pay, but we need to provide her the benefit of the act.

Any information regarding the new bill pertains only to ESIC. What if a woman is not covered under ESIC and is eligible for maternity benefits under the act? Kindly provide your valuable suggestions and feedback.

Dear Nancy,

The new law has not come into force as of today. As an organization, you can always extend the maternity leave of an employee and treat it as leave without pay.

I hope this helps you.

Request for New Maternity Law Details

Dear member GARGAA, with reference to your remarks above, namely: "New Maternity law is already in place. Don't spread wrong knowledge if you don't know the details," I request you to kindly share in this thread a copy of the so-called "New Maternity Law" so that we can update our knowledge. Also, please inform the members of this forum regarding the effective date of the said "New Maternity Law," along with its notification number and date.

Accuracy of Information

I believe that the information provided by Member Avika is entirely accurate.

Dear Member GARGAA,

It is easy to misunderstand but difficult to understand. The enhancement of Maternity Benefit to 26 weeks under the ESI Act is already in force. However, the enhancement of Maternity Benefit to 26 weeks under The Maternity Benefit Act, 1961 is pending for Gazette Notification. Once the Gazette Notification is released, we will know from which date the benefit is enhanced to 26 weeks.

Thank you.

Sir, the Ministry of Labour & Employment, Government of India, being the appropriate authority, has now enforced the provisions of the Maternity Benefit (Amendment) Act, 2017. Except in respect of "work from home," amendments have been enforced with effect from 01/04/2017. In respect of "work from home," the amendment has been enforced from 01/07/2017.

Copy of the said notification is also attached herewith for the kind information of seniors and experts in this forum.