Abedeen7
Assistant Manager Human Resources
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Rati Sinha
Hr Executive
+4 Others

Thread Started by #praveendvdg

Dear All,

Central Government by notification in the Official Gazette has made changes to the Maternity Benefit Act under various sub-sections and provisions, Effective 1st April 2017 below mentioned changes shall come into force: (i) The maximum period for which any woman shall be entitled to maternity leave shall be twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery. (ii) 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) Every establishment having fifty or more employees shall have the facility of creche within such distance as may be prescribed, either separately or along with common facilities. (iv) All Establishments shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act. (v) 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, as the case may be. (vi) Effective 1st July 2017, after availing maternity benefit the work from home facility may also be availed as per agreement between employer and woman employee

Warm Regards

Praveen Devadiga
4th April 2017 From India, Bangalore

Attached Files
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File Type: pdf The Maternity Benefit (Amendment) Act, 2017 Effective Date.pdf (1.10 MB, 1161 views)
File Type: pdf The Maternity Benefit (Amendment) Act, 2017.pdf (1.04 MB, 846 views)

Who would be eligible for the increased maternity leave: Whether women who are in the midst of their 12 week maternity leave (under the un-amended law), will be entitled to extend their leave to 26 weeks?
7th April 2017 From India, Bangalore
Dear Praveen Devadiga ji,
There is a revised notification of corrigendum dated April 3, 2017. According to it, the said Section 3 sub-section (5) is changed to / read as Section 4 sub-section (1).
It seems in this corrigendum also, there is a mistake in quoting Section as 4 sub-section (1). This section has no relevance here.
I feel it should be related to creche facility provision that will be effective from 1st July 2017. There is no clarity from Government on it till date.
Attached herewith the said notification of corrigendum dated April 3, 2017.
9th April 2017 From India, Mumbai

Attached Files
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File Type: pdf Maternity Benefit Amendment Act 2017_03.04.2017.pdf (1.10 MB, 528 views)

Hi All,
Just one quick query on the Maternity Benefit Extension, what if the company (Startups to be taken in consideration) is not able to follow this rule.
Because this may be a huge loss to such startups wherein they need to pay to huge amount of salary to such women.
10th April 2017 From India, Bengaluru
As per the Insertion of New Section 11A is it mandatory to have the crèche facility either an establishment having no or below 30 women employee.
12th April 2017 From India,
Dear All,
Please find attached a circular dated 12.04.2017 by Ministry of L & E, GOI giving clarifications on certain queries on Maternity Benefit Amendments 2017, which are self explanatory.
However, this circular does not give answer to queries by RASHMI SINGH 15 and MAHIPAL.PANWAR. My views on the said queries by are as under:
As regards to query by RASHMI SINGH 15: This Act does not distinguished between Startup and non-Startup.
As regards to query by MAHIPAL.PANWAR: There is no ambiguity in new section 11A. Please read once again the new section given verbatim below:
‘‘11A. (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".
12th April 2017 From India, Mumbai

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File Type: pdf The Maternity Benefit (Amendment) Act,2017 -Clarifications.pdf (731.6 KB, 370 views)

Dear friends,
The below given queries remained un-answered:
1. Whether the crèche facility is to be provided at free of cost. (since most of the organisations operate in densely populated urban areas, the cost of extending such facilities can be significant);
2. Distance of the crèche from the establishment.
Of course, the implementation date for creche facility is July 1, 2017. Still there is a time. The Government may come out with clarification and /or rules in this regards.
13th April 2017 From India, Mumbai
Dear Team, Is there any eligibility to avail Maternity Benefit? May an employee avail MB from her date of appointment. Kindly clarify.
13th April 2017 From India, Bhubaneswar
Dear Shaikh Abedeen ji,
Condition for claiming Maternity Benefit under the MB Act is that the women employee must work of 80 days in 12 months immediately preceding her date of delivery.
Please read the section 5(2) of MB Act.
.................................................. ........................
14th April 2017 From India, Mumbai
My friend company is saying there is no GO passed by government.they say they are waiting for final GO. So from when can claim 26 weeks of maternity leave ?
26th April 2017 From India, Bangalore
Another one faced following,
I m currently on maternity leave which will be exhausted on 25th April 2017 as per 12 weeks maternity leave policy.
But as per the new maternity leave policy those who are on maternity leave as on 1st April 2017 are eligible for the extended (26 weeks) leave benefit.I have spoken with my HR and also shared the circular issued by the labour ministry regarding the same but the HR said that the extended leave policy is applicable only after 1st April 2017.So kindly suggest what should be done now.
26th April 2017 From India, Bangalore
Dear KirtiBeAware,
Pls refer the attachment (The Maternity Benefit (Amendment) Act,2017 -Clarifications) shared by Mr. Korgaonkar Ji in the previous comment, The clarification point no. 2 gives you the answer.
27th April 2017 From India, Bangalore
Thank you, Sir. But the employers are giving these reasons waiting for Government order etc. What can a women employee do in such a case?
28th April 2017 From India, Bangalore
Hi Kirti,
All the attachments shared here are considered as Gazette Notification/ Circular issued by government of India and is applicable to all organizations.
For claiming maternity benefit employee have to serve notice under section 6 of the Maternity Benefit Act, 1961 in the format as prescribed in the State Rules along with the certificate of the doctor regarding pregnancy to their employer before going on leave. If employer refuse to provide the extended leave which they are eligible during the maternity, they can directly approach near by Labor Inspector/Commissioner with all the eligibility documents or they can inform company HR that, they are approaching the Labor Inspector/Commissioner for further help - this may help them to get the benefit as imposed in the notifications.
29th April 2017 From India, Bangalore
Crèche facility: Every establishment with more than 50 employees to provide for crèche facilities for working mothers and such mothers will be permitted to make four visits during working hours to look after and feed the child in the crèche, which shall also include the interval for rest allowed to her.
50 Employees means only female or male plus female?
6th July 2017 From India, Delhi
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