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Hello Everyone,
I need help in understanding a doubt of mine wrt Maternity Benefit Amendment Act 2016.
Suppose a woman has applied for Maternity Leave as per old rules (twelve weeks leaves) and while she was on leave, this amendments are notified by Government and new rule of twenty six weeks becomes applicable.
Under such scenario, can woman (already on leave of 12 weeks per previous act before amendment) extend her leaves (legally) to 26 weeks per new amendments?
I am sure many people will have this question.
Any help/guidance on this will be humbly appreciated.
Thanks
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Yes. The employees currently in Maternity Leave will be eligible for the new Rule. FYI, the Gazette notification of the said amendment is not yet released.
The Maternity Leave will be for 12 weeks till the Gazette Notification is not released. If the maternity leave of 12 weeks gets completed before the notification is released then no extension provided as per the new amendment. If the notification is released before the expiry of the Maternity leave of 12 weeks the extension of 14 weeks can be accepted, as per my best view. Seniors please guide if wrong
Can we make the changes/update in our existing Maternity leave policy or have to wait for Gazette notification.Please suggest..
Some of the companies has changed their internal Maternity Leave Policy... Even I come to know about a company which has sent a mail to all its employees about the policy change and they mention that they voluntarily initiated the change for "Women Empowerment".
Many Companies are waiting for Official Gazette notification.
Thank you so much for your time and replies. I hope after the release of Gazette Notification, companies will promptly update their policy and officially intimate the ones already on maternity leave. Hope that employee will not have to struggle to get their leaves extended as per the amendment.
Thank you once again.
Gazette notification is already released. Please find the attached notification. Nishant Jha

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File Type: pdf Gazette Notification Matenity Benefit Act.pdf (890.5 KB, 772 views)

This notification is just for introduction of the Bill in Rajya Sabha. It is not an Act.
Thank you P C Agrawal, is there any hope to have this come to effect before the next Lok Sabha session?
Hi Everyone, Please guide me Is this Maternity Benefit Act 2016 notification is valid one.
Can Anyone help me on whether the New Maternity Act is into effect ? If yes then from when ? And is there any circular stating the same ? As i am aware of one circular which was released in August 2016.PFA
Awaiting reply
Regards
Niki
Now that parliament has passed the Maternity Act amendment bill, it'll go the President for his approval and then it will have to be published in the Official Gazette of the Govt. mentioning the date from which these amendments are applicable. Only after this everyone will come to know the details. Let us wait for some more time. Right now old provisions in vogue.
Hi everyone,Maternity Benefit Act notification is yet to come.Notification will have everything who can avail it.so wait for the notification of maternity benefit as announced on women’s day...
Hi Everyone,
Gift on International Women's Day to all the women in India from Ministry of Labour & Employment.
• Increased Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two children.
• 12 weeks Maternity Benefit to a 'Commissioning mother' and 'Adopting mother'.
• Facilitate 'Work from home'.
• Mandatory provision of Creche in respect of establishment having 50 or more employees.

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File Type: jpg maternity.jpg (900.2 KB, 67 views)

Dear Friends,
The Maternity Benefit Amendment Bill 2016 has been amended on 28.03.2017 and I have queries pertaining to its effective date of implementation as per the new provisions. Please comment as per the scenarios uploaded in the excel sheet.
1. (1) This Act may be called the Maternity Benefit (Amendment) Act, 2017.
(2) It shall come into force on such date as the Central Government 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.
Regards
Sagar Ghule

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File Type: pdf 28.03.2017_Maternity Benefit Amendement Act 2017.pdf (1.04 MB, 179 views)
File Type: xls Scenarios_The Maternity Benefit (Amendment) Act2017.xls (28.0 KB, 251 views)

Govt has to again notify in the Gazette about the date of implementation of the amendment. Then only the amendment will take effect from that date. Regards.
N Nataraajahan, Sakthi Management Services (Hp : + 91 94835 17402)
Hello Everyone,
A lot of discussions are going around about the amendment of 26 weeks Maternity Leave, but is it into effect now?
Also I have a query about the payment during maternity leave period, the employee on maternity leave shall be paid Basic amount of his salary or the Gross salary?Please clarify on this.
Regards,
Sakshi Ghumre
HR
Dear Mr. N Nataraajahan,
But the notification is already gazetted on 28.03.2017. If it was to announce the date of implementation separately then why Govt not clarified in this notification. Its really confusing for implementer.
Please clarify.
Regards
Sagar Ghule
7506254580
It can be safely taken now the act has been amended, sooner or later the date from which these amended provisions take effect will be notified. I think now Employers voluntarily amend their own applicable rules may be with a rider.
Dear Mr Sagar Ghule Pl read sub-section (2) of Section 1 of the Maternity Benefit (Amendment) Act 2017. Regards. N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402)
first they invite suggestion from experts and retired judge and labour commissioner , after that draft notification and pass through assembly ., after that they publish notification along with applicability and dates.
so yet draft notification not publish and enforced. But as facility any company can give the benefits to their employees.
Regards,
Rujul Trivedi
It's evident from the Gazetted notification re.the amendment, it's the thinking of the govt. diff.provisions will take different dates for the effective implementation. Therefore it's not going to be a common date for all the provisions contained in the amended act. So let us wait and watch.
Dear All, Please find the attachment for the enforcement notification of Maternity Benefit Amendment Act, 2017 effective from 1st April 2017. Cheerss...

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File Type: pdf Enforcement Notification of MB (eff from 1.4.17).pdf (1.10 MB, 109 views)

The effective notification has been published on 31.03.2017

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File Type: pdf 31.03.2017_Maternity Amendment Effective Date.pdf (1.10 MB, 86 views)

Thanks Saravanan.

Now the long awaited notification has come and it's real and Official that amended provisions are split in to two and to take effect on two different dates viz-

The main provisio regarding Maternity Leave:

1) w.e.f. 1.7.2017 : Maternity Leave of 26 (twenty six) weeks of which not more than eight weeks ( Section 5 Sub section (3) of the Maternity Act ....

Sub section (3) (ii) “Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery”

“ (iii) in the proviso…”Provided further that”

(iv) in the proviso…”Provided also that”

2) All other provisions of the amendment will be effective from 1.4.2017 ie.:

re: Section 3, (ba) "Commissioning Mother" means a biological mother who uses her egg to create an embryo implanted in any other woman...

After sub section (3) under Section (5) following shall be inserted :

“(4) A woman who legally adopts a child below the age of three months or a commissioning mothe shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.

“ (5) In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree”

Inserted the following after section 11 of the Principal Act (Maternity Benefit Act) –

“ 11 A.(1) Every estalishment having fifty or more employees shall have the faciltiy of creche within such distance as may be prescribed, either separately or along with common facilities;

Provided that the employer shall allow four visits a day to the creche by the woman, which shall also include the interval for rest allowed to her.

(2) Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding eery benefit available under the Act”….
Yes, This Notification is Valid. The Above Notification for Maternity Act has been implemented w.e.f.01-04-2017.
Dear All,
There is corrigendum dated 03.04.2017 on the notification dated 31.03.2017 which is attached herewith. Please go through the same along with earlier all notification. Summary is attached in excel sheet.
Regards
Sagar Ghule
7506254580

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File Type: pdf BCP ALERT NOTE ON MATERNITY BENEFIT ACT 2017.pdf (281.6 KB, 171 views)
File Type: pdf 03.04.2017_Maternity Benefit Act Corrigendum.pdf (1.10 MB, 163 views)
File Type: xls The Maternity Benefit Amendment Act 2017_Before & After.xls (35.5 KB, 361 views)

Good Afternoon, kindly clarify when is women employee eligible to avail maternity benefit, what is the minimum service days are required Thanks for your clarification. G Seethalakshmi 9176995923
80 days in previous 12 months from the expected date of delivery
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