Navigating Maternity Leave Changes: How Will New Amendments Affect Current Leave and Crèche Needs?

Maternity Leave Amendment and Crèche Requirement

As we are all aware, the maternity leave period has been extended to 26 weeks as per the amendment in the Act. Additionally, a crèche has been made mandatory in establishments employing 50 or more employees.

Maternity Leave Scenario

The question is about maternity leave. Though this amendment has not received the President's assent yet, if the assent is granted by 1st April, how will it be treated in the following scenario? If a female employee has commenced her maternity leave in February 2017 for 12 weeks and the amendment notification comes on 1st April 2017, would she be covered under the previous provisions or the amended provisions?

Crèche Requirement

If an organization has 100 employees, but all are male employees and there are no or few female employees, maybe 10, would a crèche need to be made available in the establishment?

The Maternity Benefit will be granted from the date of notification or any specified date mentioned therein. Earlier MB claimed will be as per that date's notification, to the best of my knowledge.

With regards to Creche, it applies to workplaces with 50 employees or more, not specifically 50 female employees. Therefore, creche facilities must be provided even if there is only one female employee among a total of 50 or more employees employed.