Assistant Manager Human Resources
Korgaonkar K A
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
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
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
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
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
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
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
50 Employees means only female or male plus female?
6th July 2017 From India, Delhi