Industrial Relations And Labour Laws
Partner - Risk Management
JAgdis L Trivedi
Senior General Manager H R Unison Pharmaceuticals
Doing Perpration For Job.
Kritya Nand Jha
Dy. Mgr.-personnel & Admin
I am wondering about the impact of the act.
I think all small owner driven companies will simply not employ women if they have to give 6 months paid leave to women employees who have worked even for 2 weeks.
12th August 2016 From India, Mumbai
Most of the Indian women opt out of their career after child birth. Keeping it in view, the Rajya Sabha has approved of the Maternity benefit (Amendment) Bill 2016 in order to increase the participation of women in workplaces and protect their employment during maternity period.
Key takeaways from Maternity Amendment Bill are as follows:
1. Now every working woman [working in shop or establishment to which Maternity Benefit Act is applicable] will be entitled to get maternity benefit of 26 weeks. Earlier they were allowed maternity benefit for only 12 weeks. However, such maternity benefit of 26 weeks would be available only to those women who have only one surviving child.
2. Now the benefit of Maternity Act would also be applicable for adopting mothers and for a mother whose child is born via surrogacy. Adopting mother means a mother who adopts a child below the age of 3 months. Such mothers will get 12 weeks maternity benefit from the date child is handed over to them.
3. Employer may allow woman to work from home after availing of the maternity benefit on such conditions as the employer and the women may mutually agree to. However, such benefit would be available where the nature of work is of such nature that she may work from home.
4. Every establishment having 50 or more employees shall have to provide crèche facility to their employees. Where employer shall allow four visits a day to the crèche by the women, which shall also include the interval for rest allowed to her.
5. Every establishment shall have to intimate in writing and electronically to every women at the time of her appointment about the maternity benefit.
The Maternity Benefit Act, 1961 regulates the employment of women in factories, mines, circus industry, plantations and shops or establishments employing ten or more persons. However, benefit of Maternity Benefit Act, 1961 is not applicable to employees who are covered under the Employees State Insurance Act, 1948.
13th August 2016 From India, Malappuram
Thank You very much for explanation on maternity amendment act 2016.
I have one more question as per factory act if more then 30 female workers are their creches are require.
In recent maternity amendment act if 50 or more employees are their creches are require.as per my understanding it is contradictory.
Please give your expert opinion
J L Trivedi
14th August 2016 From India, Ahmadabad
By increasing the maternity leave from 12 to 26, the employability of women will come down, because only big companies who have resources to put one in the place of the employee who is on maternity leave can afford to give a replacement and a small company will have either recruit another person for 26 weeks or struggle with the resources available. Now for a small company it is difficult to get a replacement also because for short period nobody will be willing to join. In the case of government organisations, the thing will be different because we can get any number of replacement even for a very short period. Moreover, it will be the public who will suffer if no replacement is made in the government office.
In the present scenario where the maternity leave is 12 weeks, the number of women returning to duty after 12 weeks of leave is almost 10% only and around 90% of them extend their leave for three months and then again extend it for months and finally when the company refuses to give more leaves, they will just resign and go. In the new situation also the same thing will happen and at the end of the day it will be the HR who will be blamed for not granting further leave. This is a real situation story and I know that I will be beaten up by words by hundreds of women employees who read this post. But if I leave without saying this fact I will be compromising to my values.
Now, the provision regarding 'Work From Home' will be interpreted differently and we will see court verdicts on this in a year or two. This is really going to be a question of dispute just like the 4 years and 240 days issue with regard to Payment of Gratuity Act. For an employee working in software companies it may be okay but for a lady working as a chemist or testing lab, it is not practically possible to give work from home facility. I am sure that if some one is given this facility, the same will become a precedence and then a RIGHT.
The bill should have considered leave for surrogate mother who had to suffer the pain of child birth for another woman, the commissioning mother. Instead, the proposal has been limited to commissioning mother only.
16th August 2016 From India, Kannur
As per amendment maternity benefit bill 2016 ,kindly update and confirm us the following :
1.The above rule will be implemented w.e.f. date of notification or previously period .
2.A employee already availed maternity leave w.e.f.01/05/2016 to 23/07/2016 (12 weeks) than does she entitle for further 14 weeks leave with pay w.e.f. 24/07/2016 to 14 weeks.
3. Any other benefit like medical bonus Rs.3500/ will be applicable or not.
Thanks & regards,
16th August 2016 From India, Gurgaon
There has been no increase in the medical bonus payable by the employer.
16th August 2016 From India, Kannur
Please guide me. because i am prepareing for government exam. sofaces such question in exam.
Sir please guide me about all these 3 problem?
19th August 2016 From India, Haridwar
Most of the Female employees donot continue after the child birth,they just come to take benefit and go off
19th August 2016 From India, Delhi
I wanted to confirm in case if the amendment is effective, as it mentions employees covered under ESIC. In case if my organnization is under ESIC, will it be applicable to by Organization?
As the name suggests it is for leave, in case if employee does not join back, then in that case will the company be advised to maternity pay.
looking forward to hear on the same
31st January 2017 From India, Pune
The ESI Corporation has decided to grant 26 weeks leave to the employees covered under the ESI. The Corporation has also decided to grant maternity leave to the extent of 12 weeks to commissioning and adopting mother. They have taken a step ahead by implementing the recommendations.
Now, in the absence of an amendment to the Maternity Benefit Act, this will not apply to employees who are not covered by ESI. Therefore, by virtue of the fact that your establishment is covered by ESI, you cannot say that those who are not covered by ESI can also take 26 weeks leave. Let us wait for a few days within which, the Act will be passed and the proposal will be implemented. Till then, this is available only to ESI covered employees and is given by the ESI corporation.
1st February 2017 From India, Kannur
Lets assume that this passed bill is assented and Gazette Notification is issued on 21st March. It will be effective right from 21st March itself (if that is mentioned in Gazette Notification).
But will these amendments be applicable to employees who are still on leave till 30th March (after utilizing original 3 months maternity, 1 month special maternity, casual leaves, sick leaves, etc.)? Employee has not joined office yet but currently on leave utilizing her casual, sick leaves.
11th March 2017 From India, Mumbai
#AnonymousHi, Will this amendment be applicable for women employees who have currently extended their ML by using their other types of leave like PL, as they have completed their 3 months in feb 2017.
13th March 2017 From India, Chennai
In the case of employees who have completed their maternity leave in February, but are on PL or other leave as given by the employer, the above will not apply since they are not on maternity leave as on 1st April, 2017 but on some other leave granting of which is purely a management prerogative. Moreover, in such cases it should be presumed that after availing 12 weeks' maternity leave, she should have rejoined the company and has taken the PL or other leaves. Even if the employee was given PL in continuation of maternity leave, she cannot be under maternity leave but her the status as on 1st April, 2017 will be under PL.
Please find a clarification given by the ministry about such issues.
21st April 2017 From India, Kannur
25th April 2017 From India, Delhi
25th April 2017 From India, Kannur