The Maternity Benefit (Amendment) Act, 2017 Effective Date Released

Dear All,

Central Government by notification in the Official Gazette has made changes to the Maternity Benefit Act under various sub-sections and provisions, Effective 1st April 2017 below mentioned changes shall come into force: (i) The maximum period for which any woman shall be entitled to maternity leave shall be twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery. (ii) The maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery. (iii) Every establishment having fifty or more employees shall have the facility of creche within such distance as may be prescribed, either separately or along with common facilities. (iv) All Establishments shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act. (v) 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, as the case may be. (vi) Effective 1st July 2017, after availing maternity benefit the work from home facility may also be availed as per agreement between employer and woman employee

Warm Regards

Praveen Devadiga

Who would be eligible for the increased maternity leave: Whether women who are in the midst of their 12 week maternity leave (under the un-amended law), will be entitled to extend their leave to 26 weeks?

Dear Praveen Devadiga ji,
There is a revised notification of corrigendum dated April 3, 2017. According to it, the said Section 3 sub-section (5) is changed to / read as Section 4 sub-section (1).
It seems in this corrigendum also, there is a mistake in quoting Section as 4 sub-section (1). This section has no relevance here.
I feel it should be related to creche facility provision that will be effective from 1st July 2017. There is no clarity from Government on it till date.
Attached herewith the said notification of corrigendum dated April 3, 2017.

Hi All,
Just one quick query on the Maternity Benefit Extension, what if the company (Startups to be taken in consideration) is not able to follow this rule.
Because this may be a huge loss to such startups wherein they need to pay to huge amount of salary to such women.

As per the Insertion of New Section 11A is it mandatory to have the crèche facility either an establishment having no or below 30 women employee.

Dear All,
Please find attached a circular dated 12.04.2017 by Ministry of L & E, GOI giving clarifications on certain queries on Maternity Benefit Amendments 2017, which are self explanatory.
However, this circular does not give answer to queries by RASHMI SINGH 15 and MAHIPAL.PANWAR. My views on the said queries by are as under:
As regards to query by RASHMI SINGH 15: This Act does not distinguished between Startup and non-Startup.
As regards to query by MAHIPAL.PANWAR: There is no ambiguity in new section 11A. Please read once again the new section given verbatim below:
‘‘11A. (1) Every establishment having fifty or more employees shall have the facility of créche within such distance as may be prescribed, either separately or along with common facilities".

Dear friends,
The below given queries remained un-answered:
1. Whether the crèche facility is to be provided at free of cost. (since most of the organisations operate in densely populated urban areas, the cost of extending such facilities can be significant);
2. Distance of the crèche from the establishment.
Of course, the implementation date for creche facility is July 1, 2017. Still there is a time. The Government may come out with clarification and /or rules in this regards.

Dear Team,
Is there any eligibility to avail Maternity Benefit? May an employee avail MB from her date of appointment.
Kindly clarify.

Dear Shaikh Abedeen ji,
Condition for claiming Maternity Benefit under the MB Act is that the women employee must work of 80 days in 12 months immediately preceding her date of delivery.
Please read the section 5(2) of MB Act.
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My friend company is saying there is no GO passed by government.they say they are waiting for final GO. So from when can claim 26 weeks of maternity leave ?