A day after the world celebrated the International Women’s Day, the Parliament on Thursday passed a bill that will benefit about 1.8 million women in India. The Maternity Benefit (Amendment) Bill, 2016 was passed by the Lok Sabha, months after the Rajya Sabha approved the measure that takes India to the third position in terms of the number of weeks for maternity leave after Canada and Norway where it is 50 weeks and 44 weeks, respectively. Rajya Sabha had passed it in August last year. It will come into effect once the president signs the bill.

Here are the facts one should know:

1. The Bill aims to protect the employment of women during the time of pregnancy and entitles them to full paid absence from work to take care of their child.

2. Women working in the organised sector will now be entitled to paid maternity leave of 26 weeks, up from 12 weeks.

3. The maternity leave beyond the first two children will continue to be 12 weeks.

4. The new law will apply to all establishments employing 10 or more people and the entitlement will be for only up to first two children. For third child, the entitlement will be for only 12 weeks.

5.The bill also makes it mandatory for employers in establishments with 30 women or 50 employees, whichever is less, to provide crèche facilities either in office or in any place within a 500-metre radius.

6. The mother will be allowed four visits to the creche in a day. This will include her interval for rest.

7. It also allows employers to permit woman to work from home if it is possible to do so

8. Recognizing that women who adopt or use a surrogate to bear a child also need time to bond with the child in the initial months, the bill also extends a 12-week maternity leave to adapting and commissioning mothers.

9. The commissioning mother has been defined as “one whose egg is used to create an embryo planted in surrogate’s womb (in order words – a biological mother).” The period of maternity leave will be calculated from the date the child is handed over to the commissioning or adoptive mother.

Maternity Benefit Act amendment is surely a path to realize the potential of women’s progress.

Source: 9 Facts Must Know About The Maternity Benefit (Amendment) Bill, 2016 – Flagon HR Services
What does the 4 th point means?
Does this mean that employee working in organisation with less than 10 employees cannot claim maternity benefits?
I work in NIELIT, an autonomous body but under govt. Of india ( ministry of electronics and information technology). I have been working in this organisation for last 15 months as a contractual employee with a consolidated pay. There are many centres of NIELIT all over india but my centre has less than 10 employee. Will i get maternity benefits. If not, is there any way to get such benefits.
Dear Tanu, It is not applicable to woman working in organisation with less than 10 employees.
respected sir, ours is 13 employees, wherein 8 are proper employees and other 5 are consultants, should we as an employer are bound to give this bebefits?
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