Industrial Relations And Labour Laws
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JAgdis L Trivedi
Senior General Manager H R Unison Pharmaceuticals
Doing Perpration For Job.
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Kritya Nand Jha
Dy. Mgr.-personnel & Admin
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Civil Engineer
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Pl find attached Maternity Benefit (Amendment) Bill 2016 introduced in Rajya Sabha today. The salient features of the Bill are:

a) increase the maximum period of maternity benefit from the existing 12 weeks to 26 weeks in case of women who have less than two surviving children and in other cases, the existing period of 12 weeks maternity benefit shall continue;

b) to extend the maternity benefit to a "commissioning mother" and "adopting mother" and they shall be entitled to 12 weeks maternity benefit from the date the child is handed over;

c) to facilitate "work from home" to a mother by inserting an enabling provision;

d) to make it mandatory in respect of establishment having 50 or more employees, to have the facility of creches either individually or as a shared common facility within such distance as may be prescribed by rules and also to allow four visits to the creche by the woman daily, including the interval for rest allowed to her;

e) every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment about the benefits available under the Act.

11th August 2016 From India, Malappuram

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Creche is required for every employer with more than 50 employees or 50 female employees ?
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
Maternity benefits for working women: 5 things to know

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
Dear Agrawal Sir,
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 per my understanding it is contradictory.
Please give your expert opinion
J L Trivedi
14th August 2016 From India, Ahmadabad
The rules are simultaneously applicable
So now you need to have a crèche if you have 50 employees. If you have less than 50 employees but 30 of them are women workers then also you will need to have a crèche
15th August 2016 From India, Mumbai
A factory registered under the Factories Act is required to set up a creche only when there are 30 women employees. Under the Plantation Labour Act it is like 50 women workers or the number of children of women workers is 20 or more. The latter is more genuine because by means of a legislation there should be some benefit. Now with the inclusion of the provision of creche in the Maternity Benefit Act, the employer is under an obligation to set up a creche even if he does not have a single woman employee provided he employs 50 persons. This is ridiculous.

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
Dear sir,
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
This is only Bill to amend the Act. The amended Act will tell you the date of effect of the changes. It may take time. Therefore, an employee already on maternity leave is not likely to get the benefit. The Act may not have a retrospective effect. The retrospective effect to the one given to Payment of Bonus Act is troubling the legislators a lot because the legal validity of the same has been questioned by various courts. Therefore, there may not be any retrospective effect to the amendment, I feel. As she has already resumed her work after availing 12 weeks maternity leave, let her be taken outside the purview of this amendment. At the same time, an employee on maternity leave during the notification date will get the benefit of additional maternity leaves
There has been no increase in the medical bonus payable by the employer.
16th August 2016 From India, Kannur
Dear sir This law is applicable now or we need to wait for president approval also before implementation... Kindly guide.
16th August 2016 From India, Delhi
Sir these amendment has been applied or not and maternity banefit act also and some amendment was mede in factory act in august 2014 ?
Please guide me. because i am prepareing for government exam. sofaces such question in exam.
Sir please guide me about all these 3 problem?
Rishabh Agarwal

19th August 2016 From India, Haridwar
i too agree with Madhu sire the employment opportunities of women workers will come down.Most of organisations donot give 12 weeks leave ,do you think they will give 26 weeks leave,whenever they will come to know that so and so is pregnant the organisation will take resignation on some ground.
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
Dear there is procedure to get the amendment become applicable ,it has to be passes by both the houses and after that it will go to president for signature .after president approval it will be notified inn official gazette
for implementation.
19th August 2016 From India, Delhi
Pl refer attached news item in today’s paper.
20th August 2016 From India, Malappuram

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Hi can any one suggest by when we can anticipate the gazette and it would be effective from when...??? With Regards Sathya Narayana Y S
7th September 2016 From India, Bengaluru
Has this act come in to force by notification in the Official Gazette as mentioned in the Bill? I was told by my HR that I will be paid only after receiving the official Gazette date.
Thanks in Advance.
19th December 2016 From India, Bengaluru
Dear Senior, Just want to confirm if the amended maternity benefit is applicable to service industry. Awaiting your revert. Regards, Lily D
30th December 2016 From India ,
Maternity Benefit Act covers service industry also. Therefore, the amendments thereto will also apply to service sector industries. Madhu.T.K
31st December 2016 From India, Kannur
Hi All,
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
I could not understand the post of Ms. Priya well.
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
The Bill has been passed by Lok Sabha on 9/3/2017. Now it will be sent to the President for his assent and publication in official gazette.
10th March 2017 From India, Malappuram
Dear Fellows,
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.
Please suggest.
11th March 2017 From India, Mumbai
Hi, 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
can any one suggest how do we announce the maternity policy changes(need the draft) in our organisation please
20th April 2017 From India, Hyderabad
Effective date is April 1, 2017 All women currently in maternity leave will be eligible for the extended leave
21st April 2017 From India, Mumbai
Women employees who have already availed 12 weeks' maternity leave cannot get this extended benefit. At the same time, as Saswata has said, those who are on maternity leave as on 1st April, 2017, shall get the benefit of 26 weeks though at the time of starting the leave she was under 12 weeks' leave.

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

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Thanks Sir for the Clarification. My issue is I was on Maternity Leave on 1st April, 22017, As per Law I am eligible for extended Leave benefit but My Company not allowing me. I have shown them this notice also, they have given very weird answer - they said Notice language is "can be extended" so that means it is only a suggestion not law... Pls advice what should I do in this condition.
25th April 2017 From India, Delhi
There is nothing like "can be extended". It is true that the question was like whether maternity leave can be extended but the clarification is not like, it can be extended but it is very specific and is YES. What is wrong in it when you reply YES to a question whether you CAN do so?
25th April 2017 From India, Kannur
I took 15 days leave for my wife's first delivery and baby's lungs not matured...the treatment going on...,If any possible to Claim maternity bill???
25th November 2018 From India, Namakkal
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