Gupta & Company Consultants

Dear All, Please find below changes done in the Maternity Benefit (Amendment) Act 2017. The copy of gazette notification is attached for your reference. It is applicable w.e.f. 27th March 2017. Kindly amend your maternity leave policy accordingly.

• 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.

Amendment in Section 5 of the Principal Act

In Section 5 (3) (i)

The maximum period for which any woman shall be entitled to maternity benefit shall be twenty six weeks of which not more than eight weeks shall precede the date of her expected delivery:] Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death: [Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.]"

In Section 5 (3) (ii)

In case of two or more children “shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery".

New Section Inserted In Section 5 (4)

A woman who legally adopts a child below the age of three months or a commissioning mother 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

New Section Inserted In Section 5 (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 mutual agree?

New Section Inserted Section 11(A)

Section 11(A) (1)

Every establishment having fifty or more employees shall have the facility of créche within such distance as may be prescribed, either separately or along with common facilities. The employer shall allow four visits a day to the creche by the woman, which shall also include the interval for which rest allowed to her.

Section 11(A) (2)

Every establishment shall intimate in writing and electronically to every woman at the time of appointment the maternity benefits which are provided to her.

From India, Delhi
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Hi Pinky,
Thank you for the valuable information shared. I would also like to know since any female employee joins the organization, within how many days she is eligible for ML benefit? Is there any norm which says any female employee has to serve xyz numbers of days in the organization to avail the ML benefit?
Please advice.

From India, Pune

Hi Pravin,
It is mentioned in the base Act that a female needs to be employed and worked for at least 80 days in preceding 12 months to be eligible for maternity benefit.
Clause 5 (2)
(2) No woman shall be entitled to maternity benefit unless she has actually
worked in an establishment of the employer from whom she claims maternity
benefit, for a period of not less than 3[eighty days] in the twelve months
immediately preceding the date of her expected delivery:
Provided that the qualifying period of 4[eighty days] aforesaid shall not apply
to a woman who has immigrated into the State of Assam and was pregnant at the
time of the immigration.
Explanation.- For the purpose of calculating under this sub-section the days
on which a woman has actually worked in the establishment, 5[the days for
which she has been laid off or was on holidays declared under any law for the
time being in force to be holidays with wages] during the period of twelve months
immediately preceding the date of her expected delivery shall be taken into
Best regards

From India, New Delhi
Gupta & Company Consultants

Dear Pravin, According to new amendment , the day women employee start working in establishment , she will be eligible for ML Benefit .
From India, Delhi
Hi, What about employee who are already on Maternity Leave? Regards, Vandana
From India, Chennai
Tasneem Bhopalwala

Hi, What about employee who are already on Maternity Leave? Regards, Tasneem
From India, Mumbai

For any woman employee who is on maternity leave as on April 1, 2017, the maternity leave gets extended to 26 weeks. There is a separate clarification on the same from the ministry
From India, Mumbai
papun barik
Hi PinkayJi thanks for nice explanation on ML And i wish to know She should be paid Basic or gross salary during on ML ? if possible kindly explain with an example Tanks Papun Barik
From India, Bhubaneswar
Dear All,
I would like a little more clarification on the creche facility. The amendment says that any organization that has 50 or more employees need to provide for a creche. My query, about the number of employees specified, is that should it be 50 WOMEN employees or 50 employees in totality?
Clarification would be greatly appreciated.

From India, Pune

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