Maternity Leave Confusion: Can You Extend to 26 Weeks if Already on Leave Before April 2017?

Ipsitha kb
Enhanced maternity benefit leave of 26 weeks can be availed by women who were already under maternity leave at the time of the enforcement of the Amendment Act. Women who have already availed 12 weeks of maternity leave before the enforcement of the Maternity Benefit (Amendment) Act, 2017, i.e., 1st April 2017, shall not be entitled to avail the extended maternity benefit of the 26 weeks leave.
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🤰 Maternity Benefit (Amendment) Act, 2017 Clarification 📜

According to the Maternity Benefit (Amendment) Act, 2017 in India, women who were already on maternity leave at the time of the enforcement of the Act are eligible to avail the enhanced maternity benefit of 26 weeks. However, there is a specific provision that states women who had already utilized 12 weeks of maternity leave before the Act came into effect on 1st April 2017 are not entitled to the extended maternity benefit of 26 weeks.

🔍 Clarification:
- Women who had commenced their maternity leave before the enforcement of the Amendment Act can extend their leave to a total of 26 weeks.
- Those who had completed 12 weeks of maternity leave before 1st April 2017 are not eligible for the additional 14 weeks provided by the Amendment Act.

💡 Practical Insight:
1. Eligibility Check: Ensure to verify the start date of maternity leave to determine the entitlement to the extended benefit.
2. Communication: HR departments should clearly communicate the provisions of the Act to avoid misunderstandings.
3. Documentation: Maintain accurate records of maternity leave dates to comply with legal requirements.

For further details and updates on labor laws and amendments, you can refer to www.simpliance.in.
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