my wife is working as DNB resident in kims hospital kerala. She has delivered a baby girl and is on maternity leave for 90 days(as per nbe rules) . i want to know if the new maternity amendment bill applicable for my wife . Sir DNB is a postgraduate course with paid stipent where doctors are working as well as learning .
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Srinath Sai Ram
Manager Hr, Ir & Admin
AnonymousNo, the MB act is not applicable to her, since she is a student and not an employee.
From Indonesia, Jakarta
Srinath Sai RamDear Anamika, Please find our under which provision your Wife has been provided with 90days Maternity leave.Please explain "NBE Rules"
From India, New Delhi
Latha.CWe have highlighted below some of the proposed changes under the Amendment:
• Increase in the duration of paid maternity leave: From 12 weeks (of which not more than 6 weeks shall precede the expected date of delivery) to 26 weeks (of which not more than 8 weeks shall precede the expected date of delivery). A new provision has also been introduced, providing that a woman with two or more surviving children will receive only 12 weeks of paid maternity leave. Such a provision restricting the benefit available based on the number of children was present in a few States, under the Shops and Establishments Acts. This is now being made a part of the central legislation as well.
• Surrogacy leave: Paid surrogacy leave of 12 weeks from the date when the child is handed over. This leave can only be availed by a commissioning mother who uses her egg to create an embryo to be implanted in another woman.
• Adoption Leave: Paid adoption leave of 12 weeks from the date when the child is handed over, provided the child is less than 3 months old.
• Work from home option: Applicable after the period of maternity leave, on such terms as may be mutually agreed to between the employer and the woman.
• Crèche facilities: An obligation on employers with 50 or more employees to provide crèche facilities to women. While an earlier draft of the Amendment had proposed the distance from the workplace to the crèche to be one kilometer or less, the Amendment simply states that it will be as prescribed. We would need to wait for a subsequent government notification in this regard. The Amendment also does not make it explicit whether the crèche facility can be provided on a chargeable basis to employees or whether the facility has to be provided free of charge. Further, the Amendment also permits four visits per day to the crèche, which shall also include the interval of rest allowed to the woman employee. This appears to be in addition to the two nursing breaks that the MB Act already permits till the child is of 15 months of age.
• Obligation to notify: An obligation on employers to inform (in writing and electronically) to every woman newly appointed within the organization about the benefits available under the MB Act.
From India, Bangalore