Am I Entitled to Extend My Maternity Leave to 26 Weeks After My Baby's Birth?

Kinnera1819
Hi, I delivered a baby girl on 20th January. I am an EST registered employee and currently on 12 weeks, i.e., 84 days, of maternity leave which ends on April 12th. Am I eligible for 26 weeks of maternity leave?
Kinnera1819
ESI registered employee not EST... please help me out. I'm in confusion whether I'll get 12 weeks or 26 weeks. From which date is the maternity benefit of 26 weeks effective?
Madhu.T.K
As the ESI Corporation has extended the benefit to ESI-covered employees with effect from January 20, 2017, you are eligible for 26 weeks of leave. You may approach the medical officer or your branch office for the same.

Madhu.T.K
Srinath Sai Ram
Are you covered under the ESI Act or not? If covered under the ESI Act, check with the ESI Office as your question is not clear.
Kinnera1819
I am covered under the ESI Act. However, when I approached the local office of ESI, they were unable to inform me from which date this 26-week leave is implemented.
Srinath Sai Ram
Please peruse the Gazette Notification dated 20/01/2017 enhancing Maternity Benefit to 26 weeks.
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Srinath Sai Ram
As per the Gazette Notification, you are eligible for 26 weeks of maternity leave. After April 12, 2017, contact the ESI Office/Dispensary for an extension of maternity leave.
loginmiraclelogistics
Of course, you have to consider the two surviving children norm. Read the excerpts of the Gazetted notification:

xxxxxx

(b) In rule 56, in sub-rule (2),—

(i) for the words “twelve weeks of which not more than six weeks”, the words “twenty-six weeks of which not more than eight weeks” shall be substituted;

(ii) after the first proviso, the following provisos shall be inserted, namely:—

“Provided further that the insured woman shall be entitled to twelve weeks of maternity benefit from the date the child is handed over to the commissioning mother after birth or adopting mother, as the case may be:

Provided also that the insured woman having two or more than two surviving children shall be entitled to receive maternity benefits during a period of twelve weeks of which not more than six weeks shall precede the expected date of confinement.”

[F.No.S-38012/02/2016-SS-I]

xxxxxxxxxxxxxxx
Roy.amrita
What are the eligibility criteria to get maternity leave benefit from ESI?

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Hi! To be eligible for maternity leave benefits from the Employee State Insurance (ESI), employees must fulfill certain criteria. These criteria typically include having contributed to the ESI scheme for a specific period leading up to the pregnancy and being registered under the ESI Act. Additionally, the employee may need to provide necessary documentation such as proof of pregnancy and other relevant medical records. It is advisable to check with the ESI authorities or your human resources department for precise details on the eligibility criteria for maternity leave benefits.
Srinath Sai Ram
ESI Contributory Conditions for Entitlement of Maternity Benefit

An insured woman is eligible for Maternity Leave Benefit for confinement or miscarriage if contributions in respect of her have been paid or are payable for not less than 70 days in the two immediately preceding consecutive contribution periods, with reference to the benefit period in which the confinement took place.

ESI Contribution Period and Corresponding Benefit Period

- April 16 to Sep 16: 1st Jan 17 to 30th June 17
- Oct 16 to Mar 17: 1st July 17 to 31st Dec 17
amit aishwary choudhary
Dear All,

Those women employees who have already availed 12 weeks of maternity leave before the enforcement of the Maternity Benefits (Amendment) Act 2017, i.e., 1st April 2017, shall not be entitled to avail the extended benefits of the 26 weeks leave. However, this is not applicable in your case because you are a registered employee under the ESI Act, and ESI notified this amendment on 20th January 2017, and you have availed 26 weeks leave.

Regards,
Amit Choudhary
fc.vadodara@nidrahotels.com
As per the calculation, your leave gets exhausted in the first week of March itself since the baby was born on January 20. Six weeks thereafter ends in the first week of March to the best of my knowledge.
ajinacv.abhi@gmail.com
My delivery date is on 29th March 2017. Am I eligible for getting 26 weeks of maternity leave? Please confirm.
Madhu.T.K
According to a recent clarification issued by the government, an employee who is on maternity leave as of 1st April 2017 is also eligible for the extended leave, i.e., 26 weeks of leave. Since your date of childbirth is on 29th March 2017, naturally, you should be on maternity leave as of 1st April 2017, and as such, you will benefit from 26 weeks of leave, deducting the number of days already taken in your current spell of maternity leave.

Please find the attachment.

Madhu.T.K
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fc.vadodara@nidrahotels.com
Mr. Madhu T K has aptly answered that you can avail the extended Maternity Benefit.

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Roy.amrita
My expected delivery date is 15th August 2017. I will take maternity leave from July 2017. I have contributed to ESI from April 2016 to September 2016; after that, my salary increased. Am I eligible to get maternity benefits from ESI?

Regards, AMRITA
fc.vadodara@nidrahotels.com
Dear Amrita,

Even though you may not be covered under ESI for Maternity Benefit, your employer has to provide Maternity Benefit as per the Act.
Srinath Sai Ram
Please log in to the ESI IP Portal to learn about the eligibility for maternity benefits. Share this information with your employer to ensure they provide the benefits as outlined in The Maternity Benefit Act, 1961.
subbarajuanjani@gmail.com
Can you please provide information on the maximum number of weeks that can be utilized and the frequency of availing maternity leave?

Thank you.
Madhu.T.K
The whole episode tells the same, i.e., 26 weeks of maternity leave, and you are asking the same question again? Maternity leave of 26 weeks is available only for two deliveries, whereas for any additional childbirth, she will get only 12 weeks of leave.

Madhu T K
Ramyamallikarjuna.27@gmail.com
Can I get 26 weeks with full pay salary from ESIC of my full monthly salary?

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