Curious About the New Maternity Leave Policy? When Does It Actually Start?

Hello all,

I represent a corporate company with a group of 40 people. I wanted to know the details about the new maternity policy bill that was passed. Could you please inform me from which date it will be applicable?

Thank you.

The amended act is yet to be notified. Once it is notified, the applicable date will be known. However, it is only a matter of time, and therefore you need to factor in all considerations and budgets/plans.

Maternity Benefit (Amendment) Act of 2016 Overview

Please find the Maternity Benefit (Amendment) Act of 2016 introduced in the Rajya Sabha. The salient features of the bill are as follows:

A) The maximum period of maternity benefit has been increased from the existing 12 weeks to 26 weeks for women with less than two surviving children. In other cases, the existing 12 weeks of maternity benefit will continue.

B) Maternity benefit will now be extended to "Commissioning Mothers" and "Adopting Mothers," who will be entitled to 12 weeks of maternity benefit from the date the child is handed over.

C) An enabling provision has been included to facilitate "Work From Home" for mothers.

D) It is now mandatory for establishments with 50 or more employees to provide creche facilities either individually or as a shared common facility within a prescribed distance. Women are allowed four visits to the creche daily, including rest intervals.

E) Every establishment must inform women in writing and electronically about the benefits available under the Act at the time of their initial appointment.

Thank you.

Maternity Benefit (Amendment) Bill 2016

The correct spelling and grammar have been applied to the text.

Please let me know if you need any further assistance.

Hi,

Thank you for the document, but please share if you can provide the latest one in which it is mentioned that all private companies have now followed the new maternity act. Government circular.

Hi Ruchika,

The applicability of the Maternity Benefit Act, 1961 remains the same as defined under the MB Act. As mentioned by Saswata Banerjee, "The amended act is yet to be notified. Once it is notified, the applicable date will be known."

Thanks,
Ubaid Raheman.

Dear all,

I am seeking guidance on how to apply for maternity leave and the necessary documents required for submission in an organization for maternity leave in the state of Gujarat.

If any female employee is entitled to maternity benefits from the employer, it is hereby clarified that a woman employee is required to serve a notice of absence, i.e., maternity leave under section 6 of the Maternity Benefit Act, 1961, in the prescribed format as provided in the State Maternity Benefit Rules along with the medical certificate in the prescribed form.

Section 6: Notice of Claim for Maternity Benefit and Payment Thereof

(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

(4) On receipt of the notice, the employer shall permit such a woman to absent herself from the establishment during the period for which she receives the maternity benefit.

(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of the production of such proof as may be prescribed that the woman has been delivered of a child.

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount, and in any such case, an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

Thanks,

Ubaid Raheman

Is the Maternity Act (Amendment) 2016 active? Has it come into effect? Please confirm.

Tasneem Bhopalwala

Yes, it has now been notified and is effective from December 2016.

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Hi, thank you for the information provided. It has now been notified and is effective from December 2016.

Hi Friends,

New Updates on Maternity Leave dated 20th January 2017.

Thanks,
Mandeep

Dear Senior,

I am working in a private sector firm that comes under ESIC. Now, I want to take maternity leave under ESIC, but the ESIC doctor is saying that she will issue a certificate only for 84 days of leave because she doesn't have the GR. However, as per my knowledge, maternity leave has been increased from 84 days to 180 days.

Please provide any suggestions.

Thank you.

Hi All,

I wanted to confirm in case the amendment is effective, as it mentions employees covered under ESIC. If my organization is under ESIC, will it be applicable to my organization?

As the name suggests, it is for leave. In case an employee does not join back, then will the company be required to provide maternity pay?

Looking forward to hearing on the same.

Regards,
Priya

Dear Sir,

Please confirm the following points:

1) What is the applicable date?
2) How many days of work are required for her employer to get maternity benefits.

Thank you.

Hi,

I am on maternity leave from October 2016. As per the old policy, I received my 12 weeks' payment. With the new policy, by the end of this month, I will have completed 26 weeks. Will I be eligible to receive payment for the remaining 14 weeks as well, or does this new rule only apply to employees who deliver after March 9, 2017? Can anybody clarify this for me?

Hi,

The bill has been accepted in the Rajya Sabha and Lok Sabha, but I think the amendment is still pending for final approval. Once it is done, the amended Act will be passed. Till then, the old Maternity Act continues.

Hope this clarifies.
- Gia

Sir,

If an employee went on maternity leave after submitting the leave application, suddenly after the birth, the child died. She said she wants to resume duty within 8 weeks and then joined. How should the remuneration be paid?

Dear Sangeeta Tripathi, first of all, I am very sorry for replying very late. Though I regularly go through the articles on a daily basis, your query was missed. I have gone through it today only. You are right, the Maternity Benefit under ESIC has been increased to 26 weeks (182 Days). The doctor is not supposed to say it like this. However, please find attached the government notification issued by the Ministry of Labour and Employment on 20th Jan 2017.

Your post is dated 29th Jan, and the notification is dated 20th Jan, so in my opinion, you are eligible for the amended benefits under the Act. Fellow members can shed more light on the matter.

Hi Savipan,

As per the Government of India, the Maternity Benefit Act is applicable from April 1, 2017. Please refer to the following link for more information: https://www.stacowiki.in/en/blog/2016/10/13/esi-maternity-leave-revised-12-26-weeks/

Hi,

I have been working for a private organization since December 2015. I have been holding an ESI card since January 2017 (as per the new rules, my ESI has been deducting for 4 months). Am I eligible to claim maternity benefits if my Expected Delivery Date (EDD) is in the first week of October? If eligible, what is the procedure I need to follow?

Thank you

The act says that a woman can be entitled to a "maximum of." Doesn't that mean the company can have a policy that offers a lesser number of days as maternity benefit?

Hi,

Can I get maternity benefit of 26 weeks? Earlier, I was not in ESIC because my salary was 16,010 INR, but according to the new rule, I am eligible for ESIC benefits from January 1, 2017. My delivery date is March 22, 2018.

Hi, I want to ask if my wife joined on 1st November and is planning to work until March, can she avail of the maternity benefit?