Does the recent notification by the Ministry of Labour to increase maternity leave to 180 days (26 weeks) apply to private firms as well? I need clarification to adjust HR policies accordingly.
Thanks & Regards,
Ram K
From India, Mumbai
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Thanks & Regards,
Ram K
From India, Mumbai
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Changes in the Maternity Benefit (Amendment) Act 2017
Please find below the changes made to the Maternity Benefit (Amendment) Act 2017. The copy of the gazette notification is attached for your reference. It is applicable with effect from 27th March 2017. Kindly amend your maternity leave policy accordingly.
• Increased Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two children.
• 12 weeks Maternity Benefit to a 'Commissioning mother' and 'Adopting mother'.
• Facilitate 'Work from home'.
• Mandatory provision of a crèche in establishments having 50 or more employees.
Amendment in Section 5 of the Principal Act
In Section 5 (3) (i)
The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks, of which not more than eight weeks shall precede the date of her expected delivery. Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death. Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled to the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period. But if the child also dies during the said period, then, for the days up to and including the date of the death of the child.
In Section 5 (3) (ii)
In the case of two or more children, "shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery."
New Section Inserted In Section 5 (4)
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.
New Section Inserted In Section 5 (5)
In cases where the nature of work assigned to a woman is such that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such a period and on such conditions as the employer and the woman may mutually agree.
New Section Inserted Section 11(A)
Section 11(A) (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. The employer shall allow four visits a day to the crèche by the woman, which shall also include the interval for which rest is allowed to her.
Regards,
Deepika
Sr. HR & Admin Executive
[Email Removed For Privacy Reasons]
From India, Gurgaon
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6Please find below the changes made to the Maternity Benefit (Amendment) Act 2017. The copy of the gazette notification is attached for your reference. It is applicable with effect from 27th March 2017. Kindly amend your maternity leave policy accordingly.
• Increased Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two children.
• 12 weeks Maternity Benefit to a 'Commissioning mother' and 'Adopting mother'.
• Facilitate 'Work from home'.
• Mandatory provision of a crèche in establishments having 50 or more employees.
Amendment in Section 5 of the Principal Act
In Section 5 (3) (i)
The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks, of which not more than eight weeks shall precede the date of her expected delivery. Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death. Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled to the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period. But if the child also dies during the said period, then, for the days up to and including the date of the death of the child.
In Section 5 (3) (ii)
In the case of two or more children, "shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery."
New Section Inserted In Section 5 (4)
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.
New Section Inserted In Section 5 (5)
In cases where the nature of work assigned to a woman is such that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such a period and on such conditions as the employer and the woman may mutually agree.
New Section Inserted Section 11(A)
Section 11(A) (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. The employer shall allow four visits a day to the crèche by the woman, which shall also include the interval for which rest is allowed to her.
Regards,
Deepika
Sr. HR & Admin Executive
[Email Removed For Privacy Reasons]
From India, Gurgaon
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The act is applicable to all establishments engaging 10 or more employees.
From India, Mumbai
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From India, Mumbai
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One doubt, my wife has been working in a private company for the past year. Now, my wife has taken maternity leave for the month of June 2017, but Employee State Insurance (ESI) has been deducted from January 2017 onwards. Her joining date was in June 2016.
Is there any possibility to claim the deducted salary?
From India, Egmore
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Is there any possibility to claim the deducted salary?
From India, Egmore
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Dear Mr. Harish,
By virtue of the Date of Joining, i.e., June 2016, your wife is eligible for Maternity Benefit. You mention that your wife is covered under ESI only from 01/01/2017, possibly due to the enhancement in the ESI wage ceiling to Rs 21,000/- per month.
If your wife does not receive ESI benefits from ESI, the same is liable to be paid by the employer. Please log in to the ESI IP Portal to check eligibility.
From India, New Delhi
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By virtue of the Date of Joining, i.e., June 2016, your wife is eligible for Maternity Benefit. You mention that your wife is covered under ESI only from 01/01/2017, possibly due to the enhancement in the ESI wage ceiling to Rs 21,000/- per month.
If your wife does not receive ESI benefits from ESI, the same is liable to be paid by the employer. Please log in to the ESI IP Portal to check eligibility.
From India, New Delhi
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Maternity Benefit Amendment Act,2017 .pdf