How Do the Latest Maternity Benefit Amendments Impact Working Mothers Today?

Maternity Benefit Latest Amendment Notification

The amendments to the Maternity Benefit Act, 1961, include the following:

- Increase maternity benefit from 12 weeks to 26 weeks for women with two surviving children, and 12 weeks for women with more than two children.
- Provide 12 weeks of maternity benefit to a 'commissioning mother' and an 'adopting mother.'
- Facilitate 'work from home.'
- Mandatory provision of a creche in establishments with 50 or more employees.

Regards,
Rakesh Sharma

Maternity Benefit (Amendment) Bill, 2016

The Lok Sabha passed the new Maternity Bill this Thursday. The Maternity Benefit (Amendment) Bill, 2016 entitles working women in all establishments, both public and private, to 26 weeks of maternity leave. Once the President gives his assent to the Maternity Benefit (Amendment) Bill, 2016, working women in all establishments, both public and private, will be entitled to 26 weeks of maternity leave.

Provisions for Adoptive and Commissioning Mothers

In the case of a woman adopting a child below three months, she will be given 12 weeks of leave starting from the date the child is handed over to her. Additionally, all establishments with 50 or more employees will be required to provide creches once the bill becomes law.

Regards, Rakesh Sharma

Will this change be applicable to mothers who started their maternity leave already (a month ago)?

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The corrected version:

Will this change be applicable to mothers who started their maternity leave already (a month ago)?

Sir, are the total 50 or more employees covered direct employees as well as contractors/indirect employees employed? Please guide.

Wherever mention of manpower is made for the purpose of coverage of any Act or a particular section or provision in the Act, it should be total manpower, including workers employed through contractor(s). Therefore, if you have only 10 employees under your direct rolls whereas you have some 40 persons engaged through a contractor, then also the provisions relating to creche, etc., will be applicable to your establishment.

Madhu.T.K