Mugali.vinayak@gmail.com
Hr Personal At Pune
Srinath Sai Ram
Hr Manager
Samuel R
Digital Marketing
Elizabethmariajoseph
Sr. Hr Executive
+1 Other

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Dear Seniors,
I came to know that Maternity Benefit Act ,1961 has amended and it came into effect from 1st April 2017. Could anyone brief me what all are its salient features and how is maternity leave applicable for a company under Shops and commercial establishment Act
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In short, its 26 weeks of maternity benefit leave for a pregnant woman and if the employer refuses to comply, then its 3 months jail for him. For further details, you may google for the latest maternity benefit act and download it from the net
Dear Joseph,

The Maternity Benefit (Amendment) Act, 2017

a) The introduction of ‘Commissioning Mother’ and ‘Adopting Mother’ has given wider coverage for Insured Women.

b) Maternity leave increased from 12 weeks to 26 weeks, which is not available to women who have already two surviving children and they are restricted to 12 weeks only.

c) Work from home for women employees may be given on mutual agreement by the employer, if the nature of work is such that.

Enhanced Maternity Leave effective from 1st April, 2017

Various circumstances and applicability of amendment are as follows:

• The enhanced number of maternity leave as per the recent amendment would be applicable for women who apply for benefits on or from April 1st, 2017 only and not earlier.

• If previously claimed maternity leave gets completed on March 31st, then the leave need not be extended as per new amendment.



Crèche Facility

For applicability of Crèche provisions, the total number of employees has to be 50 or more. But, the definition for ‘employee’ is not given under Maternity Benefit Act, 1961 and so; in strict legal sense this can be considered as a whole and not a gender specific one.

• If the total number of employees is less than 50 then a Crèche need not be set up.

• Even If there is no women employee in the total number of employees, these provisions for arranging/setting up of Crèche would be applicable. Also, if there are one or more women employees been engaged in an establishment then Crèche may be set up individually or with common facility as the case may be.

• Crèche can be setup in a nearby easily accessible safe place with health and hygienic facilities. For other related points employer may go with what Authorities suggest as there is no related Rules or Circulars were so far issued in this regard.

• There is no restriction or ratio given, as to how many children can be brought under the care of Crèche facility and so, the employer may have to maintain all of them if the age can be less than 6 suggestively.

• For other points which are not stated in the Act, as of now we may have to go by what the Authorities say, until relevant Circular or Notification that may or may not be published.

Regards

Vinayak
From your post it is understood that your Company is registered under Shops & Commercial Establishments Act.The Maternity Benefit Act, 1961 is applicable to Shops & Commercial Establishments employing 10 or more persons.Employees who come under the purview of ESI Act, 1948 /ESI Covered Employees get Maternity Benefit from ESI Corporation.Employees not covered under ESI Act, will get benefit from the Employer.
You being a Woman, it is better, if you go through the bare Act in detail together with amendments. you are already holding position of Senior HR Executive, hence read all Labour Laws applicable to your Establishment.
Hi Joseph,
Few salient features as highlighted in the Act are as follows: 1) 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. 2) The provision provided for work from home facility that will be effective from 1st July 2017, where as rest of the Act has been
enforced from 1st April, 2017.
For more refer to https://www.stacowiki.in/en/blog/201...eeks-26-weeks/
Hi,
Attached is the amendment copy, go through this for details.
You can refer, www.simpliance.in , free online labour law library to download all recent amendments and notifications.
Thanks

Attached Files
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File Type: pdf Maternity Benefit Amendment Act 2017 applicable from1.4.2017.pdf (1.10 MB, 36 views)
File Type: pdf LB Maternity Benefit Bill 2016.pdf (490.9 KB, 13 views)

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