Maternity Benefit (Amendment) Act, 2017 is now Law
The Maternity Benefit (Amendment) Act, 2017 received the assent of
the President of India on 27th March, 2017 and has been published in
the Official Gazette.
the President of India on 27th March, 2017 and has been published in
the Official Gazette.
To see the Gazette Notification please click on the following
link: http://egazette.nic.in/writereaddata/2017/175036.pdf
link: http://egazette.nic.in/writereaddata/2017/175036.pdf
Is
this law applicable to charitable institutions?
this law applicable to charitable institutions?
Yes, this
law is also applicable to charitable organisations / NGOs registered under the
Shops & Establishments Act and employing ten or more employees.
law is also applicable to charitable organisations / NGOs registered under the
Shops & Establishments Act and employing ten or more employees.
Date
of Commencement:
of Commencement:
· It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
may, by notification in the Official Gazette, appoint.
· Provided that different dates may be appointed for different
provisions of this Act and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the coming into
force of that provision
provisions of this Act and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the coming into
force of that provision
Highlights:
1) Increase
in the duration of maternity leave to 26 weeks:
in the duration of maternity leave to 26 weeks:
· The Amended Law has increases the maternity leave benefit to a
period of 26 weeks.
period of 26 weeks.
· The maternity benefit should not be availed before eight weeks
from the date of expected delivery.
from the date of expected delivery.
· Prior to this, woman were entitled to maternity leave benefit of
12 weeks only of which not more than six weeks should precede the date of her
expected delivery.
12 weeks only of which not more than six weeks should precede the date of her
expected delivery.
· For a woman who has two or more surviving children, the maternity
benefit will continue to be 12 weeks, which cannot be availed before six weeks
from the date of the expected delivery.
benefit will continue to be 12 weeks, which cannot be availed before six weeks
from the date of the expected delivery.
2) Maternity
leave of 12 weeks for mother/s who are adopting or commissioning mothers:
leave of 12 weeks for mother/s who are adopting or commissioning mothers:
· For the first time, the role of a “commissioning mother” has been
recognized and defined.
recognized and defined.
· A commissioning mother means: “a biological mother who uses her
egg to create an embryo implanted in any other woman”. Prior to this, the Act
did not recognize the role of a commissioning mother.
egg to create an embryo implanted in any other woman”. Prior to this, the Act
did not recognize the role of a commissioning mother.
· This benefit has been introduced for the first time for adopting
and commissioning mother/s.
and commissioning mother/s.
· Even a woman who legally adopts a child below the age of 3 months
or a commissioning mother will be entitled to maternity benefit for a period of
12 weeks.
or a commissioning mother will be entitled to maternity benefit for a period of
12 weeks.
· The 12-week period of maternity benefit will be calculated from
the date the child is handed over to the adopting or commissioning mother.
the date the child is handed over to the adopting or commissioning mother.
3) Option
to work from home:
to work from home:
· After availing the maternity leave benefit, an employer may allow
a woman to work from home, if the nature of work assigned to her is such that
she may work from home.
a woman to work from home, if the nature of work assigned to her is such that
she may work from home.
· The terms, conditions and duration for the ‘work from home’
arrangement would be according to mutual agreement between the employer and the
woman.
arrangement would be according to mutual agreement between the employer and the
woman.
4. Crèche
facility:
facility:
· Upon having 50 or more employees, every establishment is required
to have the facility of crèche within such distance as may be prescribed,
either separately or along with common facilities.
to have the facility of crèche within such distance as may be prescribed,
either separately or along with common facilities.
· The employer is required to allow four visits a day to the crèche
by the woman, which will also include the interval for rest allowed to her.
by the woman, which will also include the interval for rest allowed to her.
5. Awareness
about maternity benefits:
about maternity benefits:
· Every establishment is required to intimate in writing and
electronically to every woman at the time of her initial appointment regarding
every benefit available under the Act.
electronically to every woman at the time of her initial appointment regarding
every benefit available under the Act.
Any further queries maybe addressed to advisory@capindia.in