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ESI to Increase Maternity Leave from 12 to 26 weeks - Gazette Released for Public Opinion

DRAFT RULES

1. These rules may be called the Employees’ State Insurance (Central) Amendment Rules, 2016.

2. In the Employees’ State Insurance (Central) Rules, 1950;—

(a) in rule 2, after sub-rule 2(A), the following sub-rule shall be inserted, namely:—
“(2B). ‘Insured woman’ means a woman who is or was an employee in respect of whom contribution is or were payable under this Act and who is by reason thereof, entitled to any of the benefits provided under this 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 woman;

(ii) a woman who legally adopts a child of upto three months of age;

(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.”;


(c) in rule 56, sub-rule (4) shall be omitted.

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