Are Private Schools Required to Offer 26 Weeks Maternity Leave Under the 2017 Amendment?

I wanted to know whether private schools are entitled to follow the new amendment of the Maternity Benefit Act 2017.

As per the act, a teacher working in a private school is entitled to receive 26 weeks of maternity leave from the employer. However, the act does not clearly mention schools.

Please provide information regarding the same.

If you have at least ten employees, including all teaching and non-teaching staff, your school will come under the purview of the Maternity Benefit Act. Therefore, women employees who have worked for 80 days in the 12 months preceding the expected date of delivery should be granted 26 weeks of leave with pay and a medical bonus of Rs. 3,500.

Many of the schools are covered under the ESI Act, 1948. In such cases, the Maternity Benefit Act, 1961 is not applicable. Please check.

Just because a school is covered under the ESI Act, how can you say that the Maternity Benefit Act is not applicable? It should be like this: the Maternity Benefit Act is applicable to schools and in respect of employees, including teachers who are under the ESI (only those who get a salary of Rs 21,000 or less will be under ESI). The liability of paying 26 weeks' salary and medical bonus, as applicable, will be taken care of by the ESI Corporation.

Only I had commented on the issue besides you. If you read what I had written, I meant to say that the Maternity Benefit Act is applicable in the first instance, and only then comes the question of whose liability it is to provide maternity facilities. Please read and then react.