Navigating Maternity Leave Challenges: How Do Employers Handle Complex Scenarios Under the 2017 Amendment?

Dear All, I am amending our Maternity Leave policy as per the Maternity Benefit Act (Amendment Act) of 2017. I need your suggestions on the following queries:

Applicability for a Third Surviving Child

1. The new act is applicable for 2 surviving children. What are the rules for a 3rd surviving child?

Adoption of a Third Child

2. In the case where an employee is a mother of 2 children and legally adopts a 3rd child, what would be the rule?

Work from Home Policy

3. Is there a minimum period for the Work from Home policy during this act?

Outlive Child During Delivery

4. What are the rules for an outlive child during delivery?

Medical Treatment Before Delivery

5. What if a mother is suggested for medical treatment before 6/8 weeks of delivery?

Medical Termination and Miscarriage

6. What is the protocol for medical termination/miscarriage/ectopic pregnancy?

Resignation After Maternity Benefits

7. In the scenario where an employee uses the maternity benefits and resigns from the company, what are the implications?

Absconding After Maternity Benefits

8. If an employee uses the maternity benefits but does not report on her joining date (absconding case), what actions should be taken?

I am looking forward to your support to gain more clarity on the Maternity Benefit Act (Amendment Act) of 2017.

Regards, Sharad Kumar Location: Bangalore, India

Rules for Maternity Benefit Act (Amendment Act) 2017 Queries

1. Third Surviving Child: The Maternity Benefit Act (Amendment Act) of 2017 applies to the first two surviving children. For the third surviving child, the act does not provide specific provisions for additional benefits. Employers may need to follow the existing company policies or negotiate additional leave based on individual circumstances.

2. Adoption of a Third Child: In the case where an employee who is already a mother of two children legally adopts a third child, the act does not explicitly address this scenario. Employers can consider providing suitable leave benefits in line with adoption policies or by mutual agreement with the employee.

3. Work from Home Policy: The Maternity Benefit Act does not specify a minimum period for the Work from Home policy during maternity leave. Employers can establish flexible work arrangements based on operational feasibility and employee needs, ensuring a conducive environment for new mothers.

4. Outlive Child during Delivery: If a child does not survive during delivery, the mother is still entitled to maternity benefits as per the act. Employers should provide necessary support and compassion to the employee during such challenging times.

5. Medical Treatment Before Delivery: If a mother requires medical treatment before the stipulated 6/8 weeks before delivery, she should inform her employer and healthcare provider promptly. Employers should accommodate necessary medical leaves as per company policies and legal requirements.

6. Medical Termination/Miscarriage/Ectopic Pregnancy: The act covers provisions for medical termination, miscarriage, or ectopic pregnancy, ensuring that affected employees receive appropriate benefits and support during such distressing situations. Employers should handle these cases with sensitivity and empathy.

7. Resignation After Maternity Benefits: If an employee resigns after utilizing maternity benefits, the implications may vary based on company policies and applicable laws. Employers should follow standard exit procedures, including settlement of dues and relevant documentation.

8. Employee Absconding After Maternity Leave: In the event of an employee absconding after availing maternity benefits without reporting on the joining date, employers should initiate internal investigations and follow disciplinary procedures as per company policies. Legal advice may be sought to address absconding cases effectively.

By aligning your policies with the Maternity Benefit Act (Amendment Act) of 2017 and considering individual circumstances, employers can ensure compliance and provide adequate support to employees during maternity-related situations.