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# Anonymous
Hi..Can you please let me know (a) What is the eligibility working period criteria for Maternity benefits (b) Wages covered what Basic or Gross or CTC (c) Is it mandatory that Company is liable to pay for 26 weeks of Maternity period for eligible candidate (d) Can we put condition of rejoining duty for payment or half payment before delivery and half payment after rejoining duty. Pls suggest.
From India, Noida
a) Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit.Section 5(2) of the Act.
b)Maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work. Apart from 12 weeks of salary, a female worker is entitled to a medical bonus of 3,500 Indian rupees.(Section 5)
Read sec 3(n) Extract as below
"wages" means all remuneration paid or payable in cash
to a woman, if the terms of the contract of employment,
express or implied, were fulfilled and includes--
(1) such cash allowances (including dearness
allowance and house rent allowance) as a woman is
for the time being entitled to;
(2) incentive bonus; and
(3) the money value of the concessional
supply of foodgrains and other articles,
c) No.
From India, Pune
Thankyou Mr. Nathrao.
Please also clear that payment should be of 12 weeks or 26 weeks as per amendments of maternity Act 2017 and it has to be paid in advance or after delivery.
From India, Noida
Section 5. Right to payment of maternity benefit.- 1*[(1) Subject to the
provisions of this Act, every woman shall be entitled to, and her
employer shall be liable for, the PAYMENT of maternity benefit at the
rate of the average daily wage for the period of her actual absence,
that is to say, the period Immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately
following that day.]
From India, Pune
What is the eligibility for Creche facility . How can i check that my Company is liable for creche facility.
Thanks in Anticipation!
From India, Noida
Maternity Benefit (Amendment) Act 2017 (MB Amendment Act) has come in force with effect from 1 April 2017. Effective July 1, 2017, the MB Amendment Act makes it mandatory for every establishment having fifty (50) or more employees to provide crèche facility. Women employees are to be allowed four visits a day to the crèche, a welcome change guaranteeing working women an additional protected environment at their workplace.
More clarity will come up when rules are framed under the Act.
From India, Pune
The Maternity Benefit (Amendment) Act, 2017 regulates the employment of women before and after the birth of their child. This Act is expected to help women accommodate both their personal and professional lives. It not only helps women to manage their family responsibilities effectively but it turns out to favor organizations as well who were struggling to increase workplace diversity and creating an inclusive and supportive work environment.
50 employees or 50 women employees?
The amendments in this Act directs establishments that employ 50 or more employees to provide for crèche facility, either in the office or in any place within a radius that is comfortable for employees to pick, drop and nurse the child. The mother will be allowed to visit the crèche four times in a day. This will include her interval for rest. The government recently released a notification clarifying that companies need to provide for the crèche facility w.e.f 1st July 2017
What is the age limit for children?
The Act does not mention up to what age the child will get creche facility. The Factories Act where the crèche facility should be provided up to 6 years of age. Although the daycare industry norm is to consider children up to 8-10 years.
From India, Mumbai
# Anonymous
Dear Sir/Madam,
I am working in Non-Profit Organization in Mumbai. I am 5 months pregnant. Hence I requested my organization to convey maternity benefits according to the Maternity Benefit Act 2017, as previously only 3 months maternity leave was given to the employee completing 1 year in the organization.
Now my immediate team leader told me that they might just not renew my contract from April 2018.
As they know very well, they cannot cancel my contract just because I am pregnant. So I want to know whether they can cancel my contract when other team members are going ahead with it?
From India, Mumbai
Can the employer terminate the female employee incase of maternity leave when she availed
From India, Chennai
Termination during maternity leave or because employee asks for maternity leave is illegal.
From India, Pune
If the women Employee is not covered under ESIC , then what is the procedure under maternity Act for payment of her salary and leaves?
From India, Pune
Please explain maternity rules in adoption and surrogacy case.
From India, Delhi
Appreciated. Fully knowledgeable. Great Job!
From India, Delhi
the Maternity Benefit (Amendment) Act, 2017 (“Maternity Amendment Act”) on March 27, 2017, the law also (a) extends maternity benefits to commissioning and adopting mothers, (b) mandates employers to provide creche facilities at the establishment, (c) allows women to work from home in certain cases and (c) requires employers to inform female employees at the time of their joining about maternity benefits available to them
From India, Mumbai
The Maternity Benefit (Amendment) Act, 2017 also has provisions for female employees having

a) A third Child: Those having two or more surviving children will be entitled for 12 Weeks of paid Maternity Leave of which not more than six (6) weeks shall precede the date of her expected delivery

b) For Female employees who are adopting a child who is less than three month old and for commissioning mothers the paid leave entitlement is for twelve (12) weeks.

c) Female employee who has undergone a miscarriage or medical termination of pregnancy is entitled for paid leave for a period of six (6) week immediately preceding the date of such an event.

d) Female employee is entitled for a paid leave for two (2) weeks if she is undergoing a tubectomy operation, immediately preceding the date of such an event.

I have a query. A Female staff applied for Maternity Leave and was granted leave as per Maternity Benefit Act 2017. Now she is demanding excess 3 Months Leave stating that the child is adapted to mother and cannot stay with the family. We have creche facilities but she is not ready to accept the same.

Please advice what should be done.
From India, Ahmedabad
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