Understanding the 2017 Maternity Benefit Act Changes: How Will They Affect Your Workplace?

Dear All, please find below the changes made in the Maternity Benefit (Amendment) Act 2017. The copy of the gazette notification is attached for your reference. It is applicable w.e.f. 27th March 2017. Kindly amend your maternity leave policy accordingly.

 Increased Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two children.

 12 weeks Maternity Benefit to a 'Commissioning mother' and 'Adopting mother'.

 Facilitate 'Work from home'.

 Mandatory provision of Creche in respect of establishments having 50 or more employees.

Amendment in Section 5 of the Principal Act

In Section 5 (3) (i)

The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks, of which not more than eight weeks shall precede the date of her expected delivery: Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death: Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled to the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period, but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.

In Section 5 (3) (ii)

In the case of two or more children, it shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery.

New Section Inserted In Section 5 (4)

A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother.

New Section Inserted In Section 5 (5)

In cases where the nature of work assigned to a woman is such that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree.

New Section Inserted Section 11(A)

Section 11(A) (1)

Every establishment having fifty or more employees shall have the facility of a crèche within such distance as may be prescribed, either separately or along with common facilities. The employer shall allow four visits a day to the crèche by the woman, which shall also include the interval for which rest is allowed to her.

Section 11(A) (2)

Every establishment shall intimate in writing and electronically to every woman at the time of appointment the maternity benefits which are provided to her.

Hi Pinky,

Thank you for the valuable information shared. I would also like to know, since any female employee joins the organization, within how many days she is eligible for ML benefit? Is there any norm which says any female employee has to serve XYZ number of days in the organization to avail the ML benefit?

Please advise.

It is mentioned in the base Act that a female needs to be employed and worked for at least 80 days in the preceding 12 months to be eligible for maternity benefits.

Clause 5 (2)

(2) No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefits, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery:

Provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Explanation: For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

Best regards,

Kriti

Dear Pravin,

According to the new amendment, the day a female employee starts working in the establishment, she will be eligible for maternity leave benefits.

Hi,

What about employees who are already on maternity leave?

Regards,
Vandana

Hi,

What about employees who are already on maternity leave?

Regards,
Tasneem

For any female employee who is on maternity leave as of April 1, 2017, the maternity leave is extended to 26 weeks. There is a separate clarification on this from the ministry.

Hi PinkayJi, thanks for the nice explanation on ML.

I wish to know: should she be paid a basic or gross salary during ML? If possible, kindly explain with an example.

Thanks,
Papun Barik

Dear All,

I would like a little more clarification on the creche facility. The amendment states that any organization with 50 or more employees must provide a creche. My query regarding the specified number of employees is whether it should be 50 women employees or 50 employees in total?

Any clarification on this matter would be greatly appreciated.

Regards,
Sayali.