Maternity Benefit Act Amendment - CiteHR
Sachinphulari
Asst Manager - Hr

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Dear All,
As we are all aware that as per amendment in the Act, maternity leave period has been extended to 26 weeks. Also crèche has been made mandatory in establishments employing 50 or more employees.
The question is about maternity leave. Though this amendment has not got President assent yet, if assent is granted by 1st April, then how will it be treated in following scenario?
If a female employee has commenced her maternity leave in the month of Feb' 17 for 12 weeks and amendment notification comes on 1st April 2017. Would she be covered under previous provisions or amended provisions?
Crèche - If an organization has 100 employees but all are male employees and no or few, may be 10 female employees, would crèche needs be made available in the establishment?

The Maternity Benefit will be granted from the date of notification or any specified date mentioned therein, earlier MB claimed will as per that date's notification, as per my best knowledge.
With regards to Creche it is 50 employees or more, and not 50 female employees, hence creche facility has to be provided even if there is one female employee with a total of 50 or more employees employed.

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