Kamalkantps
Advocate
RADJ SATHISKUMAR
Consultant @ Executive Tracks Associates
+2 Others

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Dear All,
As it is known to all that Maternity Benefit Act got changed substantially. There were few clarifications which were required are clarified by government vide its Circular dated 12-04-2017. Please find enclosed herewith the Official Clarification Circular issued by Director (Social Security) Ministry of Labour and Employment. The main highlight of the same are given below.
1. Whether employees who already are on maternity leave of 3 month are entitled to receive another 3 moths leave as per new amendment?
Answer: Yes they are mandatorily entitled for the extension. Employees who have not joined back as of 1st April 2017 are entitled to extended benefit, be it due to one month extension or any other reason whatsoever.
Please share it further so that every women employee may benefit from it....

From India, New Delhi

Attached Files
File Type: pdf The-Maternity-Benefit-Amendment-Act2017-Clarifications.pdf (731.6 KB, 450 views)

1- If the Mother is on maternity leave before 28th Mar 2017 and her leave is continuing till the date of new amendment notification.
2- If the Mother is on maternity leave and delivery has been done before 28th Mar 2017 but she is still on Maternity Leave till the date of notification i.e- 28th Mar 2017.
- Will the new amendment Act applies?

From India, Bangalore
Dear Krishnendu,
If an employee is on ML till the date of amendment i.e. 01-04-2017 and not joined back, she can avail those extra 3 months leave. For reference please read the above clarification Circular attached. Hope this clarifies both of your questions. Feel free to revert in case further clarification is required.

From India, New Delhi
Dear Mr. Kamal Kant,
I do have an doubt on MB Amendment 2017.
a. It has been stated that the Employee shall allow FOUR visits per day to the creche , which also includes the rest of interval hours.
Kindly clarify what is the Tenure of the break and what is the permitted distance of the Creche from the work place.

From India, Pondicherry
Dear Sathish,
There is no minimum or maximum distance provided in the Act or Rules for Creche. Although nursing breaks for 15 minutes each are given under the act. It is upto the management to provide crèche nearest to the working place of employees so as to save the transition time. Do not mix the nursing breaks with the interval for rest, it is separate like lunch break and all.
Hope your query is answered.

From India, New Delhi
Dear Kamal Kant Ji,
I would like to clarify that Maternity Benefit act will be applicable to the woman who are working in CA Firm or not? recently one of my friend's wife who was working in CA firm has been denied by the employer for the same by mentioning such acts are not applicable on CA firms. Kindly Confirm.

From India, Karnal
Res sir,
I am having question on new Maternity Benefit, Please send me details about Maternity Benefit leave amount calculation formula if available, and is it ok for Maternity Benefit is only on Basic + Special Allowance (DA), and other allowance like HRA, Medical, uniform, Transport allowance not included.
Anand khamkar
9850364781/ 7276698469

From India, Mumbai
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