Hello All, Can someone confirm to me on if the Maternity Benefit Act, 1961 amended bill passed in Lok Sabha. I know that it has been passed through Rajya Sabha with the amendments. Regards, Tejaswini
From India, Bengaluru
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1From India, Bengaluru
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It was passed on August 11, 2016, in the Rajya Sabha. It's pending with the Lok Sabha. In the meantime, a few members of the industry have requested the Lok Sabha not to pass this bill, stating that many companies in the medium and small-scale sector may avoid recruiting lady employees who might avail benefits of maternity. There is intense lobbying going on. But the government is determined to pass the bill. I understand that ESIC has already notified through a circular about the new entitlements for those covered under ESI. Can someone clarify this?
From United+States, San+Francisco
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From United+States, San+Francisco
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Sir, yes, the Central Government has issued the final notification dated 20/01/2017 approving amendments in respect of Maternity Benefit under the ESI Act, 1948. A copy of the final notification can be downloaded from the following website of the Government of India: http://www.egazette.nic.in/(S(r1oaod...)/Search1.aspx However, a copy of the same is uploaded as an attachment. As far as I understand, the amendment bill for the amendment in the Maternity Benefit Act, 1961, is still pending with Lok Sabha.
From India, Noida
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From India, Noida
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AT PRESENT IT APPLIES ONLY TO ESIC ACT AND NOT Maternity Benefit Act, 1961 V.MURALI
From India, Madipakkam
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From India, Madipakkam
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Dear sir,
If a girl comes under ESI started from Jan '17 (as already is Rs20850) and conceived a baby in Jan '17, with an expected due month of Oct '17, could you please confirm if she is eligible for ESIC benefits including extended maternity leave? I have read that 78 days of working must be completed within the contribution period. However, I believe I will reach only around 68-72 days (up to March, the end of the first contribution period). Please confirm if the second contribution period starting from Apr '17 will also be included. Will I be able to avail maternity leave for 6 months from ESIC in Oct '17?
Thank you.
From India, Mohali
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If a girl comes under ESI started from Jan '17 (as already is Rs20850) and conceived a baby in Jan '17, with an expected due month of Oct '17, could you please confirm if she is eligible for ESIC benefits including extended maternity leave? I have read that 78 days of working must be completed within the contribution period. However, I believe I will reach only around 68-72 days (up to March, the end of the first contribution period). Please confirm if the second contribution period starting from Apr '17 will also be included. Will I be able to avail maternity leave for 6 months from ESIC in Oct '17?
Thank you.
From India, Mohali
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The bill is yet to receive the approval of the Lok Sabha. It appears that companies are not comfortable with the requirement of establishing creche facilities. After Lok Sabha approval, the bill has to receive the President's assent, and then the Central Government has to come out with a Gazette notification. Only then will the amendments take effect. I am not sure if the states also have to pass any legislation to give effect.
From India, Bangalore
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From India, Bangalore
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Dear member,
So far as I understand under the ESI Act, 1948, there are various benefits. In the situation mentioned above, in the case of pregnancy, the insured woman will be entitled to two types of benefits: (a) medical benefit, which includes medical treatment/hospitalization for delivery, and (b) Maternity Benefit in the form of cash benefit, which can be colloquially referred to as the salary for the maternity leave period, up to the extent allowed in the said Act (as amended, as mentioned in my earlier remarks above).
Regarding the position on medical treatment, the insured woman will undoubtedly be entitled to medical treatment/hospitalization, etc. As for the payment of Maternity Benefit, it would be more beneficial if you may contact the appropriate ESIC Branch Office to which you are attached to confirm your eligibility as of 01/10/2017. In regards to eligibility in marginal cases, as mentioned above, I hope you will review Regulation 4 (proviso) to the ESI (General) Regulations, 1950. The insured woman is also required to visit and consult the appropriate ESIS Doctor to confirm and obtain a medical certificate regarding the "Expected date of confinement" as required under Rule 56 of the ESI (Central) Rules, 1950. These Regulations/Rules can be viewed/downloaded from the ESIC website.
With best wishes.
From India, Noida
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So far as I understand under the ESI Act, 1948, there are various benefits. In the situation mentioned above, in the case of pregnancy, the insured woman will be entitled to two types of benefits: (a) medical benefit, which includes medical treatment/hospitalization for delivery, and (b) Maternity Benefit in the form of cash benefit, which can be colloquially referred to as the salary for the maternity leave period, up to the extent allowed in the said Act (as amended, as mentioned in my earlier remarks above).
Regarding the position on medical treatment, the insured woman will undoubtedly be entitled to medical treatment/hospitalization, etc. As for the payment of Maternity Benefit, it would be more beneficial if you may contact the appropriate ESIC Branch Office to which you are attached to confirm your eligibility as of 01/10/2017. In regards to eligibility in marginal cases, as mentioned above, I hope you will review Regulation 4 (proviso) to the ESI (General) Regulations, 1950. The insured woman is also required to visit and consult the appropriate ESIS Doctor to confirm and obtain a medical certificate regarding the "Expected date of confinement" as required under Rule 56 of the ESI (Central) Rules, 1950. These Regulations/Rules can be viewed/downloaded from the ESIC website.
With best wishes.
From India, Noida
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Dear Meena 1986,
Maternity benefit is payable for 84 days (now enhanced/amended to 26 weeks w.e.f. 20.01.2017 under the ESI Act), subject to payment of contributions for not less than 80 days in the immediately preceding two contribution periods. The benefit can be claimed at any time prior to six weeks before the expected date of confinement or from the date of confinement as per the conditions and requirements of the insured woman.
This bill is not yet passed in the Lok Sabha; however, if you and your establishment are covered under the ESI Act and your expected delivery is during the end of September 2017 or October 2017, you would be eligible for cash benefits.
Good Wishes,
Suresh
From India, Thane
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Maternity benefit is payable for 84 days (now enhanced/amended to 26 weeks w.e.f. 20.01.2017 under the ESI Act), subject to payment of contributions for not less than 80 days in the immediately preceding two contribution periods. The benefit can be claimed at any time prior to six weeks before the expected date of confinement or from the date of confinement as per the conditions and requirements of the insured woman.
This bill is not yet passed in the Lok Sabha; however, if you and your establishment are covered under the ESI Act and your expected delivery is during the end of September 2017 or October 2017, you would be eligible for cash benefits.
Good Wishes,
Suresh
From India, Thane
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Thanks for your response. One more query - my next salary review is due on June 17. If my salary is increased, then surely I'll be out of ESIC. However, the second contribution period will already start on April 17.
So, please confirm that I will still be able to avail the benefits of ESIC leave.
From India, Mohali
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So, please confirm that I will still be able to avail the benefits of ESIC leave.
From India, Mohali
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