Head - Outsourcing
Sr.officer At J K Lakshmi Cement Ltd
Asso.prof.(commerce & Management) Pg
विपिन कुमार सिंह
Many Companies are waiting for Official Gazette notification.
AnonymousThank 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.
4th October 2016 From India, Mumbai
4th October 2016 From India, Mumbai
Thank you once again.
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.
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.
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.
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.
so yet draft notification not publish and enforced. But as facility any company can give the benefits to their employees.
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”….