Maternity Leave Confusion: Can ESI Cover Full 6 Months for Third Baby After Loss?

ESI Local office manager accepted to take 6 months of maternity leave for her third baby (her second baby died after 3 months of birth), but they are saying we will only pay for 84 days. Is this true? Is there any chance to receive payment for the full 6 months? Please provide your valuable suggestions.

Maternity leave benefits

Maternity leave available to working women has been increased from 12 weeks to 26 weeks for the first two children. This maternity benefit should not be availed before eight weeks from the date of expected delivery.

Maternity leave for the third child onwards will continue to be 12 weeks. Maternity leave of 12 weeks is required to be made available to mothers adopting a child below the age of three months as well as to the 'commissioning mother'. A commissioning mother is defined as the biological mother who uses her egg to create an embryo, which is then implanted in another woman.

All establishments with more than 50 employees need to provide crèche facilities for working mothers. They will be permitted to make four visits during working hours to look after and feed the child in the crèche.

The employer may permit a woman to work from home if the nature of work allows it.

Every establishment will be required to inform all the benefits available under the Act, in writing and electronically, to all women at the time of their initial appointment.

Source of info: Maternity Benefit (Amendment Act) 2017

Your query pertains to maternity leave under the ESI scheme, and here is a specific and easily understandable answer for you.

I presume you are an insured woman (IW). You are entitled to maternity leave for 26 weeks, not 12 weeks. As you have two surviving children, the question does not arise in this regard. The provision of the ESI Act on this matter is given below for your reference:

"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."

I appreciate the reply by Keshav. In any case, whether it is the case of Maternity leave through the employer's side or ESI side, the 26 weeks leave is applicable if the mother/ employee/ insured person is having not more than two 'surviving children.' Therefore, if the second child is no more when the woman is availing maternity leave, she is said to have only one surviving child. As such, she should get 26 weeks leave.