Maternity Leave Extension: Are Women on Leave Entitled to More Time Off?

Dear All, As it is known to all, the Maternity Benefit Act has undergone substantial changes. Several clarifications that were needed have been provided by the government through its Circular dated 12-04-2017. Please find enclosed the Official Clarification Circular issued by the Director (Social Security) Ministry of Labour and Employment. The main highlights are given below.

Main Highlights of the Maternity Benefit Act Amendment

1. Whether employees who are already on a 3-month maternity leave are entitled to receive another 3 months of leave under the new amendment?
Answer: Yes, they are mandatorily entitled to the extension. Employees who have not returned to work as of 1st April 2017 are entitled to the extended benefit, whether due to a one-month extension or any other reason.

Please share this information further so that every female employee can benefit from it.

Thank you.

If the mother is on maternity leave before 28th Mar 2017 and her leave is continuing until the date of the new amendment notification, will the new amendment Act apply?

If the mother is on maternity leave and delivery has been completed before 28th Mar 2017 but she is still on maternity leave until the date of the notification, i.e., 28th Mar 2017, will the new amendment Act apply?

Dear Krishnendu,

If an employee is on maternity leave till the date of the amendment, i.e., 01-04-2017, and has not rejoined, she can avail those extra 3 months of leave. For reference, please read the clarification circular attached above. I hope this clarifies both of your questions. Feel free to revert if further clarification is required.

Dear Mr. Kamal Kant,

I do have a doubt about the MB Amendment 2017. It has been stated that the Employee shall allow FOUR visits per day to the creche, which also includes the rest of the interval hours. Kindly clarify what is the tenure of the break and what is the permitted distance of the creche from the workplace.

Dear Sathish,
There is no minimum or maximum distance provided in the Act or Rules for Creche. Although nursing breaks for 15 minutes each are given under the act. It is upto the management to provide crèche nearest to the working place of employees so as to save the transition time. Do not mix the nursing breaks with the interval for rest, it is separate like lunch break and all.
Hope your query is answered.

Dear Kamal Kant Ji,

I would like to clarify whether the Maternity Benefit Act will be applicable to women working in a CA Firm or not. Recently, one of my friends' wives, who was working in a CA firm, has been denied the benefits by her employer, who mentioned that such acts are not applicable to CA firms. Kindly confirm.