AMENDMENTS TO MATERNITY BENEFIT ACT
The Ministry of Labour and Employment notified the Maternity Benefit (Amendment Act) 2017 (“Maternity Amendment Act”) on 31 March 2017 and the same came into force on 1 April 2017. The Maternity Amendment Act brings certain provisions which are supportive and give additional benefits to working women in India, working in an establishment having ten or more employees.
The important provisions of the Maternity Amendment Act are as follows:
- Increase in paid Maternity Benefit leave: Under the Maternity Amendment Act, the period of paid maternity leave has been increased from the existing 12 (twelve) weeks to 26 (twenty six) weeks. Under the Maternity Benefit Act, 1961 (“Principal Act”), out of the said 12 (twelve) week leave, the woman employee could not take more than 6 (six) weeks leave prior to the date of her expected delivery. However, under the Maternity Amendment Act, this benefit can be availed by women employees for a period extending up to 8 (eight) weeks prior to the date of her expected delivery and the remaining 18 (eighteen) weeks can be availed post childbirth. Also,any woman employee having two or more children shall be entitled to maternity benefit leave for a maximum period of 12 (twelve) weeks being 6 (six) weeks prior to the date of her expected deliveryand the remaining 6 (six) weeks can be availed post childbirth.
- Maternity leave for adoptive and commissioning mothers: Under the Maternity Amendment Act, maternity benefit leave for a period of 12 (twelve) weeks shall be allowed to commissioning mothers and adopting mothers from the date the child is handed over to the adopting mother.
- Work from Home Option: Under the Maternity Amendment Act a new provision of work from home is introduced, which depends on the nature of the work and the conditions mutually agreed between the woman employee and the employer, and may be exercised by the woman employee after the expiry of the said 26 (twenty six) week maternity leave period. However, this provision shall come into effect from 1 July 2017.
- Crèche facility: Under the Maternity Amendment Act, a new provision is added wherein every establishment having more than 50 (fifty) employees shall be required to have a crèche facility where the woman employee shall be allowed to visit the crèche four times a day.
- Intimation at the time of appointment: The Maternity Amendment Act makes it mandatory for employers to intimate in writing to the woman employee at the time of her appointment, that she is entitled to maternity benefits.
MHCO COMMENT: The Maternity
Amendment Act has brought about the much needed amendments to the Principal Act
in terms of (a) increase in paid maternity leave; and (b) making the Crèche
facility available for bigger organisations. The maternity benefit leave being
extended to adopting and commissioning mothers is a positive step and the work
from home facility is an enabling provision granting convenience to women
employees with newborn children.
The views expressed in this update are personal and should not be
construed as any legal advice. Please contact us directly on +91 22
40565252 or legalupdates@mhcolaw.com for any assistance.
