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?
From India, Hyderabad
From India, Hyderabad
ESI registered employee not EST ....please help me out ...I’m in confusion whether il get 12 weeks or 26 weeks ....from which date the maternity benefit of 26 weeks effective
From India, Hyderabad
From India, Hyderabad
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
From India, Kannur
Madhu.T.K
From India, Kannur
are you covered under ESI Act or not? If covered under ESI Act check from ESI Office, your question is not clear
From India, New Delhi
From India, New Delhi
I’m covered under ESI act....but when I approached local office of ESI they are unable to tell me from which date this 26 weeks leave is implemented...
From India, Hyderabad
From India, Hyderabad
Please peruse Gazette Notification Dated 20/01/2017 enhancing Maternity Benefit to 26 Weeks
From India, New Delhi
From India, New Delhi
As per the Gazette Notification you are eligible for 26 Weeks of Maternity leave.After April 12, 2017 Contact ESI Office/Dispensary for Extension of Maternity Leave
From India, New Delhi
From India, New Delhi
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
From India, Bangalore
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
From India, Bangalore
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
From India, New Delhi
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
From India, New Delhi
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
From India, Surat
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
From India, Surat
As per the calculation your leave gets exhausted in March 1st week itself, since the baby born on Jan 20, and six weeks thereafter ends in March 1st week to the best of my knowledge.
From India, Ahmadabad
From India, Ahmadabad
My delivery date is on 29th march2017.. Am I eligiible for getting 26 week maternity leave. please confirm
From India, Chennai
From India, Chennai
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
From India, Kannur
Please find the attachment.
Madhu.T.K
From India, Kannur
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
From India, Kolkata
Regards, AMRITA
From India, Kolkata
Dear Amrita Even though you may not be covered under ESI for MB, your employer has to give the MB as per the Act.
From India, Ahmadabad
From India, Ahmadabad
Please log in to ESI IP Portal to know about Eligibility of Maternity benefit.Share the information with your Employer to provide benefts provided under The Maternity benefit Act, 1961
From India, New Delhi
From India, New Delhi
Can you tell maximum weeks to be used and how many times for availing the maternity leave
From India, Hyderabad
From India, Hyderabad
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
From India, Kannur
Madhu T K
From India, Kannur
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