Maternity Leave Confusion: How Many Weeks Can My Wife Take Off with ESI Benefits?

Sir, my wife is pregnant and covered by ESI benefits. She wants to take leave from her office. Kindly confirm, according to the new amendment in maternity leave in ESI, how many weeks she can take off?

Please log in to ESI IP PORTAL to know about eligibility for Maternity Benefit. Your wife has to approach the ESI Dispensary to get a Medical Certificate indicating the tentative date of delivery. If your wife is not eligible for Maternity Benefit under the ESI Act, the employer will still be liable to pay Maternity Benefit for up to 26 weeks (for up to 2 children) under The Maternity Benefit Act, 1961. Have you mentioned your wife's date of joining under ESI?

Hi,

As per the Government of India, the amended Maternity Benefit Act entitles a woman to maternity leave of twenty-six weeks, of which not more than eight weeks shall precede the date of her expected delivery, as applicable from 1st April 2017. For more information, please refer to the link: https://www.stacowiki.in/en/blog/2016/10/13/esi-maternity-leave-revised-12-26-weeks/

If you want to get maternity leave under the ESI Act:

1. You have to complete 9 months of service under ESI.
2. You must have contributed for 70 days in the respective contribution period.
3. You will be entitled to 12 weeks if your delivery is prior to 20.01.2017, and 26 weeks if your delivery occurs on or after 20.01.2017.
4. In the case of a miscarriage, 6 weeks will be granted.
5. With effect from 20.01.2017, adoption of children and surrogate cases also qualify for 12 weeks of paid maternity leave.

All the best,

With regards,