E.S.I.C. enhances maternity leave to 26 weeks and extends maternity benefits in cases of surrogacy &

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E.S.I.C. enhances maternity leave to 26 weeks and extends maternity benefits in cases of surrogacy & adoption   Jan 31, 2017

The Ministry of Labour & Employment by Notification No.G.S.R.62(E) dated 20th January,2017 has amended the  Employees’ State Insurance (Central) Rules which have come into force with effect from 20th January,2017. The amendments relate to the following revision in the Maternity Benefit applicable under the Employees’ State Insurance Act rules and scheme: 
 
1) The definition of “insured woman” has been incorporated as Clause 6A to read as under
“Insured Woman” means a woman who is or was an employee in respect of whom contribution is or were payable under the Act and who is by reason thereof, entitled to any of the benefits provided under the Act and shall include:-
(i) A commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other women;
(ii) A woman who legally adopts a child of upto three months of age.

2) Rule 56 has been amended in sub-rule 2 by the addition of the following provision
(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.” 

3) By virtue of the above amendment an insured woman will now be entitled to 26 weeks maternity leave. However, an insured woman having two or more than two surviving children shall be entitled to receive maternity benefit during a period of twelve weeks of which not more than six weeks shall preceed the expected date of confinement. 
 
The definition of ‘insured woman’ has been enlarged to mean a woman who is  or  was an employee in respect of whom contribution is or were payable under the Act and who is by reason thereof, entitled to any of the benefits under the Act and shall include:-  
(i) A commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other women;
(ii) A woman who legally adopts a child of up to three months of age
 
Members are requested to make a note of the above important changes.
 
 
Download the text of the judgment.   

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