Psdhingra
Legal Analyst, Hrm
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Thread Started by #psdhingra

THE SUSPENSE IS OVER NOW!
Employers & Women Employees may download the Maternity Benefits Amendment Act 2017, as assented duly by the President of India.
Now the suspense is over on the issue of entitlement of maternity benefit to women employees with respect to the existing 12 weeks and the revised period of entitlement of 26 weeks as the maternity leave. The provision has to be carried out by every establishment. Not only that it has been made mandatory for the employer to intimate to every woman employee at the time of her recruitment, as the amended Act specifies, as follows:
"Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act."
3rd April 2017 From India, Delhi

Attached Files
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File Type: pdf THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017.pdf (1.04 MB, 278 views)

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”….
4th April 2017 From India, Bangalore

Attached Files
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File Type: pdf Enforcement Notification of MB (eff from 1.4.17).pdf (1.10 MB, 91 views)

Hello there,
Do we have any clarity on this clause please?
"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."
Is there a cap on this that a mother can visit the baby till baby is one year old or two year old or any other specification related to this please.
5th April 2017 From India, Bangalore
Hi Sameena Khan, In already existing Maternity Benefit Act, the nursing interval should be given to the employee till the baby attain 15 months of age. Cheerss..
5th April 2017 From India, Chennai
Dear All,
I think the establishing a creche where 50 or more are employed and allowing 4 visits to creche in a day (incl.intervals) etc. going to engage bulk of employers' time, needless to say the enhanced Mat.leave henceforth. There can be more than one point to be clarified on this-
1) Where the creche should be set up, if within such distance to be prescribed' means who is going to prescribe this.
2) If the creche is set up considerably distant away from the work place, how to treat the travel time ?
3) What could be the duration of the visit, if possible employee could take more time and so on.
Employers should address to such issues since this facility to nursing mothers has become legitimate right now.May be they have to update their HR Policy to avoid confrontations.
6th April 2017 From India, Bangalore
Hi, Just wanted to check on creche facility. Will it be provided only till child 15 months or 15 months rule applies only on nursing time? Regards Shivani Razdan AM- HR
6th April 2017 From India, Delhi
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