Hi,
Please advise on the maternity leave amendment. My wife applied for a 6-month leave as per the new law, but her company replied that they will only provide 3 months of paid leave, as they do not have confirmation for 6 months of maternity paid leave.
Please advise.
Thanks,
Rajesh
From India, New Delhi
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Please advise on the maternity leave amendment. My wife applied for a 6-month leave as per the new law, but her company replied that they will only provide 3 months of paid leave, as they do not have confirmation for 6 months of maternity paid leave.
Please advise.
Thanks,
Rajesh
From India, New Delhi
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1. Sir, please confirm under which Act your wife is claiming maternity leave from her employer. Whether she is covered under the ESI Act, 1948 or not?
2. So far as I understand, the Maternity Benefit Act, 1961 has not been amended yet, and the eligible period under the said Act is still twelve weeks.
From India, Noida
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9652. So far as I understand, the Maternity Benefit Act, 1961 has not been amended yet, and the eligible period under the said Act is still twelve weeks.
From India, Noida
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Dear Mr. Rajesh,
As per my understanding, the Maternity Act of 1961 was amended to provide for "26 weeks/6 months paid leave," but it has not been passed or gazetted by the Parliament or the relevant approving authority. Therefore, in this case, your employer cannot permit a 6-month paid leave as you mentioned.
From India, undefined
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As per my understanding, the Maternity Act of 1961 was amended to provide for "26 weeks/6 months paid leave," but it has not been passed or gazetted by the Parliament or the relevant approving authority. Therefore, in this case, your employer cannot permit a 6-month paid leave as you mentioned.
From India, undefined
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Sir, please see the following separate threads on the same subject in which the position has been discussed in detail by seniors. I think the position regarding amendments to the Maternity Benefit Act, 1961, has not progressed further since no work was virtually done in the last session of parliament.
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From India, Noida
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From India, Noida
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The ESI has amended the relevant rules and made it 26 days. Similarly, the scope of the maternity benefit has been widened. According to the revised rules, the benefit to the extent of 12 weeks is available to the commissioning mother and adopting mother.
Please see the attachment.
Madhu.T.K
From India, Kannur
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Please see the attachment.
Madhu.T.K
From India, Kannur
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My daughter, who is employed in a private hospital, gave birth on 16.1.2017. She was discharged from the hospital on 20.1.17. She has already submitted her application for the grant of maternity leave starting from 16.1.2017. Since the new amendment extending maternity benefits to 26 weeks was notified on 20.01.2017, the question arises whether she is entitled to the full 26 weeks of leave, excluding the days already taken before 20.1.17, or if she may modify her leave to start from 20.1.17 instead of 16.1.17. If she is denied the extended benefit, it would amount to discrimination. The purpose of the new amendment is to provide adequate time to take care of the child, and denying a few days of leave would go against this intention.
From India, Ernakulam
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From India, Ernakulam
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For every enactment, there will be a cut-off point. Since the ESI Corporation has decided to extend the benefit of 26 weeks to those who deliver on or after 20th January, you have to follow that. Otherwise, employees who have been on ESI leave for 8 weeks preceding 20th January should also get it. Again, when the delivery has taken place in a private hospital, what is the requirement of any ESI leave? ESI leave is given to those who follow ESI rules, and when there are facilities available in the ESI hospital, why was she admitted to a private hospital? Was she referred to a private hospital from the ESI Hospital?
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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1. Sir, I may submit that, so far as the payment of cash benefits, namely Maternity Benefit (MB), for the entitled period of such leaves is concerned, ESIC generally allows the payment of such cash benefit (MB) as an ALTERNATIVE EVIDENCE (AE) case depending upon the facts of each case and also depending on the entitlement of the insured woman during the relevant benefit period. Such powers, as far as I know, are vested with the Manager/Branch Officer and concerned senior officer at the Divisional/Regional Office of ESIC. Therefore, even if delivery takes place in a private hospital, the period of maternity leave is generally sanctioned as an alternative case and paid subject to confirmation by the employer regarding absence from work for the period of such claims. In my opinion, the Insured Woman/claimant can contact the concerned office as mentioned above along with the original certification of delivery, birth of child/fitness certificate, etc., issued by such a private hospital. If medical leave is still continuing, she can visit her ESIS dispensary and get the relevant certificate if allowed by the Doctor In charge.
2. However, so far as the reimbursement of medical expenses incurred in a private hospital is concerned, such expenses, if the referral policy is not followed, are not reimbursed. However, there is a provision for reimbursement of Rs. 5000/- in confinement cases incurred at places where there are no ESIS facilities (viz. non-implemented areas) (please see Rule 56-A of ESI (Central) Rules, 1950).
From India, Noida
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2. However, so far as the reimbursement of medical expenses incurred in a private hospital is concerned, such expenses, if the referral policy is not followed, are not reimbursed. However, there is a provision for reimbursement of Rs. 5000/- in confinement cases incurred at places where there are no ESIS facilities (viz. non-implemented areas) (please see Rule 56-A of ESI (Central) Rules, 1950).
From India, Noida
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Only very few companies have brought the Act into action, while the rest remain the same.
From India, Bengaluru
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From India, Bengaluru
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Hello. This is Ganesh Krishnan. I have two queries.
1. One of the employees is requesting maternity leave. This is her 3rd child. Also, I would like to ask about the payment of salary during the maternity leave period. From what I have seen, the rules mainly apply for the first and second pregnancies only. Will she still get 12 weeks as it's her 3rd child?
2. The second query is a staff member who joined the organization in August and got married in October 2016. She is currently expecting her 1st child. I would like to know what the law says. This news was received around December. I believe there is some mention of a 160-day period in the maternity law. Can anyone please enlighten me on the same?
From India, Mumbai
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1. One of the employees is requesting maternity leave. This is her 3rd child. Also, I would like to ask about the payment of salary during the maternity leave period. From what I have seen, the rules mainly apply for the first and second pregnancies only. Will she still get 12 weeks as it's her 3rd child?
2. The second query is a staff member who joined the organization in August and got married in October 2016. She is currently expecting her 1st child. I would like to know what the law says. This news was received around December. I believe there is some mention of a 160-day period in the maternity law. Can anyone please enlighten me on the same?
From India, Mumbai
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf