How Does the Maternity Benefit Amendment Affect Work-from-Home and Crèche Facilities?

Corrigendum Issued in Relation to Maternity Benefit (Amendment) Act, 2017

In a corrigendum issued by the Ministry of Labour and Employment (“Ministry”) on 3rd April 2017, the Ministry has rectified the earlier notification S.O. 1026(E) dated 31st March 2017 (reported in the trail mail), stating that Section 4(1) of the Maternity Benefit (Amendment) Act, 2017 (“Amendment Act”) will come into effect from 1st July 2017, and not the provision with respect to the option to work from home [Section 3(5)].

Section 4(1) of the Amendment Act

(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:

Provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the interval for rest allowed to her.

Hence, the option to work from home [Section 3(5)] is effective since 1st April 2017. The requirement to have the crèche facility will be effective from 1st July 2017.

Hi,

Can anybody share if there is a need for the organization to also take up the expense associated with providing the facility of a creche? I mean to ask if the organization ties up with a professional service provider, is the organization obliged to pay the fees to the service provider entirely or in part, or can the organization decide to let the availing employee pay the fees entirely to the provider?

Thanks,
Rinku