Is it this Maternity Act amendment is applicable, those who are already in Maternity Leave i.e. who delivered baby before 1st April 2017.
From India, Madras
From India, Madras
Recent amendment under the Maternity Benefit Act – a leap or loop !!!
The Maternity Benefit (Amendment) Act, 2017 on which President’s assent (27th March 2017) was recently given, has come up with a new bright face and dressed up to adapt according to the recent development and to the climatic change in the evolution of Indian Industries with regard to key amended provisions.
a) The introduction of ‘Commissioning Mother’ and ‘Adopting Mother’ has given wider coverage for Insured Women.
b) Maternity leave increased from 12 weeks to 26 weeks, which is not available to women who have already two surviving children and they are restricted to 12 weeks only.
c) Work from home for women employees may be given on mutual agreement by the employer, if the nature of work is such that.
Enhanced Maternity Leave effective from 1st April, 2017
Various circumstances and applicability of amendment are as follows:
· The enhanced number of maternity leave as per the recent amendment would be applicable for women who apply for benefits on or from April 1st, 2017 only and not earlier.
· If previously claimed maternity leave gets completed on March 31st, then the leave need not be extended as per new amendment.
· If, a woman already started enjoying her maternity leave and continues even beyond April 1st, 2017 then it should be understood that she been covered under the old provision which gives 12 weeks of maternity leave only.
These are the only possible scenarios but, answers given were nowhere stated in the Act/Rule for above circumstances. In such case, we may have to go with what the enforcement authority of respective region directs the employer so to do. So, obviously this may be differently handled by different authorities unless otherwise a Circular or Notification is released to resolve this issue. (As issued under ESI Act)
Crèche Facility
For applicability of Crèche provisions, the total number of employees has to be 50 or more. But, the definition for ‘employee’ is not given under Maternity Benefit Act, 1961 and so; in strict legal sense this can be considered as a whole and not a gender specific one.
· If the total number of employees is less than 50 then a Crèche need not be set up.
· Even If there is no women employee in the total number of employees, these provisions for arranging/setting up of Crèche would be applicable. Also, if there are one or more women employees been engaged in an establishment then Crèche may be set up individually or with common facility as the case may be.
· Crèche can be setup in a nearby easily accessible safe place with health and hygienic facilities. For other related points employer may go with what Authorities suggest as there is no related Rules or Circulars were so far issued in this regard.
· Age of the child is not prescribed in the Act for which setting up of Crèche is introduced. However, it is 6 as per Factories Act and that may be taken as a guideline until if any Notification or Rules may be prescribed by the Appropriate Government.
· There is no restriction or ratio given, as to how many children can be brought under the care of Crèche facility and so, the employer may have to maintain all of them if the age can be less than 6 suggestively.
· For other points which are not stated in the Act, as of now we may have to go by what the Authorities say, until relevant Circular or Notification that may or may not be published.
Prescribed Distance for Crèche
Regarding the distance of Crèche as per the Bill passed in Rajya Sabha in the month of August 2016 as follows:
“MEMORANDUM REGARDING DELEGATED LEGISLATION
1. Clause 4 of the Bill empowers the Central Government to make rules for the purpose of prescribing the distance for facility of crèche in respect of every establishment having fifty or more employees.
2. The matters in respect of which rules may be made under the proposed legislation are matters of administrative details. The delegation of legislative power is, therefore, of a normal character.”
As per the above Memorandum, no Notification was yet released from the Central Government mentioning about the distance, we have to assess it with ‘reasonableness’. So, it should be at a reasonable distance. ‘What is reasonable’ would go with the context. It should be easily commutable for the employees between the establishment and the Crèche.
Women engaged through Contractors
· As per the Maternity Benefit Act, 1961, Section 3(o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.
· So, women worker employed through a Contractor is also included as a beneficiary under this Act. So, the Principal Employer has to ensure the crèche facility for them too.
For the Awareness of Women Employees
Awareness of the benefits under the amendments has to be given to all women employees. This must be done through written material and through digital and other electronic media like emails as well.
Work from Home
Though there is a clerical error in the recent Notification when referring to the previous Section numbers in the amended Act, but the content is obvious that the effective date of commencement of all the amended provisions is on 1st of April, 2017, except for the provisions relating to Work from Home, which is effective from 1st of July, 2017.
From India, Kolkata
161The Maternity Benefit (Amendment) Act, 2017 on which President’s assent (27th March 2017) was recently given, has come up with a new bright face and dressed up to adapt according to the recent development and to the climatic change in the evolution of Indian Industries with regard to key amended provisions.
a) The introduction of ‘Commissioning Mother’ and ‘Adopting Mother’ has given wider coverage for Insured Women.
b) Maternity leave increased from 12 weeks to 26 weeks, which is not available to women who have already two surviving children and they are restricted to 12 weeks only.
c) Work from home for women employees may be given on mutual agreement by the employer, if the nature of work is such that.
Enhanced Maternity Leave effective from 1st April, 2017
Various circumstances and applicability of amendment are as follows:
· The enhanced number of maternity leave as per the recent amendment would be applicable for women who apply for benefits on or from April 1st, 2017 only and not earlier.
· If previously claimed maternity leave gets completed on March 31st, then the leave need not be extended as per new amendment.
· If, a woman already started enjoying her maternity leave and continues even beyond April 1st, 2017 then it should be understood that she been covered under the old provision which gives 12 weeks of maternity leave only.
These are the only possible scenarios but, answers given were nowhere stated in the Act/Rule for above circumstances. In such case, we may have to go with what the enforcement authority of respective region directs the employer so to do. So, obviously this may be differently handled by different authorities unless otherwise a Circular or Notification is released to resolve this issue. (As issued under ESI Act)
Crèche Facility
For applicability of Crèche provisions, the total number of employees has to be 50 or more. But, the definition for ‘employee’ is not given under Maternity Benefit Act, 1961 and so; in strict legal sense this can be considered as a whole and not a gender specific one.
· If the total number of employees is less than 50 then a Crèche need not be set up.
· Even If there is no women employee in the total number of employees, these provisions for arranging/setting up of Crèche would be applicable. Also, if there are one or more women employees been engaged in an establishment then Crèche may be set up individually or with common facility as the case may be.
· Crèche can be setup in a nearby easily accessible safe place with health and hygienic facilities. For other related points employer may go with what Authorities suggest as there is no related Rules or Circulars were so far issued in this regard.
· Age of the child is not prescribed in the Act for which setting up of Crèche is introduced. However, it is 6 as per Factories Act and that may be taken as a guideline until if any Notification or Rules may be prescribed by the Appropriate Government.
· There is no restriction or ratio given, as to how many children can be brought under the care of Crèche facility and so, the employer may have to maintain all of them if the age can be less than 6 suggestively.
· For other points which are not stated in the Act, as of now we may have to go by what the Authorities say, until relevant Circular or Notification that may or may not be published.
Prescribed Distance for Crèche
Regarding the distance of Crèche as per the Bill passed in Rajya Sabha in the month of August 2016 as follows:
“MEMORANDUM REGARDING DELEGATED LEGISLATION
1. Clause 4 of the Bill empowers the Central Government to make rules for the purpose of prescribing the distance for facility of crèche in respect of every establishment having fifty or more employees.
2. The matters in respect of which rules may be made under the proposed legislation are matters of administrative details. The delegation of legislative power is, therefore, of a normal character.”
As per the above Memorandum, no Notification was yet released from the Central Government mentioning about the distance, we have to assess it with ‘reasonableness’. So, it should be at a reasonable distance. ‘What is reasonable’ would go with the context. It should be easily commutable for the employees between the establishment and the Crèche.
Women engaged through Contractors
· As per the Maternity Benefit Act, 1961, Section 3(o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.
· So, women worker employed through a Contractor is also included as a beneficiary under this Act. So, the Principal Employer has to ensure the crèche facility for them too.
For the Awareness of Women Employees
Awareness of the benefits under the amendments has to be given to all women employees. This must be done through written material and through digital and other electronic media like emails as well.
Work from Home
Though there is a clerical error in the recent Notification when referring to the previous Section numbers in the amended Act, but the content is obvious that the effective date of commencement of all the amended provisions is on 1st of April, 2017, except for the provisions relating to Work from Home, which is effective from 1st of July, 2017.
From India, Kolkata
Attached Corigendum issued to make the effective date for "work from home" as 1-4-2017 and "creche " provision from 1-7-2017.
Dear All,
Please help me to solve my query.
1. What will be the maximum age of child for which employer is responsible for providing creche.Upto which age(child age) employer have to provide creche.
2. Is this creche facility should be provided free of cost by employer to woman employee or it can be sharing base/subsidies rate.
From India, Noida
Please help me to solve my query.
1. What will be the maximum age of child for which employer is responsible for providing creche.Upto which age(child age) employer have to provide creche.
2. Is this creche facility should be provided free of cost by employer to woman employee or it can be sharing base/subsidies rate.
From India, Noida
If child dies after delivery then what is the benefit applicable in Maternity Benefit Act to the mother ?
From India , Delhi
From India , Delhi
No Gazette notification seems to have been made yet to clarify the iissue.
However, for Defence Employees, on clarification by the DOPT, the CGDA has already issued clarification for allowing two months of maternity leave in the cases of death of a child after birth. The other organisations may better seek clarification from their own Ministries on the issue. An extract of order of clarification issued by the CGDA on 19.04.2017 is given below for information of one and all.
...................................
EXTRACT OF CLLARIFICATION
CGDA, Ulan Batar Road, Palam, Delhi Cantt-110010
No. AN/XlV/19404/Leave Matters/Vol-lll, Dated :19.04.2017
"To
All PCsDA/CsDA/PCA(Fys)"
"Subject : Grant of Maternity leave – Clarification"
"A reference was made to DOP&T regarding quantum of maternity leave admissible to a female government servant consequent upon death of the child(s) after birth.
2. In reply, DoP&T has clarified that — in case of death of child shortly after birth, the woman employees may be granted Maternity Leave of two months for recovery after delivery of the child
3. Similar cases/requests may be regulated accordingly."
From India, Delhi
However, for Defence Employees, on clarification by the DOPT, the CGDA has already issued clarification for allowing two months of maternity leave in the cases of death of a child after birth. The other organisations may better seek clarification from their own Ministries on the issue. An extract of order of clarification issued by the CGDA on 19.04.2017 is given below for information of one and all.
...................................
EXTRACT OF CLLARIFICATION
CGDA, Ulan Batar Road, Palam, Delhi Cantt-110010
No. AN/XlV/19404/Leave Matters/Vol-lll, Dated :19.04.2017
"To
All PCsDA/CsDA/PCA(Fys)"
"Subject : Grant of Maternity leave – Clarification"
"A reference was made to DOP&T regarding quantum of maternity leave admissible to a female government servant consequent upon death of the child(s) after birth.
2. In reply, DoP&T has clarified that — in case of death of child shortly after birth, the woman employees may be granted Maternity Leave of two months for recovery after delivery of the child
3. Similar cases/requests may be regulated accordingly."
From India, Delhi
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