Company Refuses New Maternity Bills - CiteHR
Jeevarathnam
Sr. Manager Hr/admin
Saravanan_d_
Senior Manager - Statutory Compliance
Raajesharya
Founder And Mentor @ Ethical Business Strategists
+2 Others

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Hello Team,
Kindly provide your suggestions on my below issue :
Currently I am on my maternity leave started from Jan end'17 till April '17. Recently (March 9th) maternity benefits has been extended to 26 weeks . When I approached my company on my eligibility for the new policy they reverted back stating they haven't received any update /guideline from central Mumbai (internal company I guess). Almost all companies implemented this benefit to their employees in Bangalore but my company not providing me any clarity . Please suggest me how to proceed further to avail this benefit ? Am I still eligible to this new policy as my maternity started already?
Thanks in advance for your suggestions.
BR
Sun13

The Maternity Bill Passed in Lok Sabha has not yet amended. That is, it is still not legally documented. In your case, if it is amended before April 2017, you might be able to avail this benefit. If not, you can't.
Rightly said by Saravanan
It is jut passed in Loksabha & there is no Gazette notification. Only after the notification we will get to know the effective date as well.
Your assumption stating almost all the companies giving maternity benefits for 26 weeks is wrong.
There are many companies still follow 12 weeks Maternity policy only very few companies extended to 26 weeks.

The amendment to the Maternity Benefit Act is not yet effective as it is awaiting the Presidential assent. After that it needs to be notified in the official gazette which will specify the effective date.
As of now, your Company is correct in their stand.

It would be worth checking whether the law, when it gets enacted, would be applicable retroactively! From the above expert comments, it sounds a 'yes', but it's worth checking after enactment of the MBA.
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