Latest Update March 2017: Maternity leave increased to 26 weeks under Maternity Benefit (Amendment Act) 2017

Update March 2017: Government also going to increase Maternity Leave for other Employees not covered under ESI to 26 weeks from 12 weeks

Earlier Ministry of Labour and Employment has introduced new gazette notification to increase ESI maternity leave to 26 weeks from 12 weeks by introducing Employees’ State Insurance (Central) Amendment Rules, 2016. And whereas, no objections and suggestions were received from persons in respect of the said rules; Now, therefore, in exercise of the powers conferred by section 95 of the Employees’ State Insurance Act,1948 (34 of 1948), the Central Government after consultation with the Employees’ State Insurance Corporation, hereby makes the following rules further to amend the Employees’ State Insurance (Central) Rules, 1950, namely:-

  1. These rules may be called the Employees’ State Insurance (Central) Amendment Rules, 2017. They shall come into force on the date of their publication in the Gazette.
  2. ESI Maternity Leave increased to 24 weeks from 12 weeks.
  3. Women with following category will also be eligible for ESI maternity benefits:
    • a commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman;
    • a woman who legally adopts a child of upto three months of age;
  4. 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.”.

They shall come into force on the date of their publication in the Gazette.

Official Order: ESI Maternity Leave Amendment 2017

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