Dear All,
The Central Government, by notification in the Official Gazette, has made changes to the Maternity Benefit Act under various sub-sections and provisions. Effective 1st April 2017, the following mentioned changes shall come into force:
(i) The maximum period for which any woman shall be entitled to maternity leave shall be twenty-six weeks, of which not more than eight weeks shall precede the date of her expected delivery.
(ii) The maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery.
(iii) Every establishment having fifty or more employees shall have the facility of a creche within such distance as may be prescribed, either separately or along with common facilities.
(iv) All establishments shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act.
(v) 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, as the case may be.
(vi) Effective 1st July 2017, after availing maternity benefit, the work from home facility may also be availed as per the agreement between the employer and the woman employee.
Warm Regards,
Praveen Devadiga
From India, Bangalore
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13The Central Government, by notification in the Official Gazette, has made changes to the Maternity Benefit Act under various sub-sections and provisions. Effective 1st April 2017, the following mentioned changes shall come into force:
(i) The maximum period for which any woman shall be entitled to maternity leave shall be twenty-six weeks, of which not more than eight weeks shall precede the date of her expected delivery.
(ii) The maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery.
(iii) Every establishment having fifty or more employees shall have the facility of a creche within such distance as may be prescribed, either separately or along with common facilities.
(iv) All establishments shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act.
(v) 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, as the case may be.
(vi) Effective 1st July 2017, after availing maternity benefit, the work from home facility may also be availed as per the agreement between the employer and the woman employee.
Warm Regards,
Praveen Devadiga
From India, Bangalore
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Who would be eligible for the increased maternity leave: Will women who are currently in the middle of their 12-week maternity leave under the unamended law be entitled to extend their leave to 26 weeks?
From India, Bangalore
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From India, Bangalore
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Dear Praveen Devadiga ji,
There is a revised notification of corrigendum dated April 3, 2017. According to it, the said Section 3 sub-section (5) is changed to / read as Section 4 sub-section (1).
It seems in this corrigendum also, there is a mistake in quoting Section as 4 sub-section (1). This section has no relevance here.
I feel it should be related to creche facility provision that will be effective from 1st July 2017. There is no clarity from the Government on it till date. Attached herewith is the said notification of corrigendum dated April 3, 2017.
From India, Mumbai
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There is a revised notification of corrigendum dated April 3, 2017. According to it, the said Section 3 sub-section (5) is changed to / read as Section 4 sub-section (1).
It seems in this corrigendum also, there is a mistake in quoting Section as 4 sub-section (1). This section has no relevance here.
I feel it should be related to creche facility provision that will be effective from 1st July 2017. There is no clarity from the Government on it till date. Attached herewith is the said notification of corrigendum dated April 3, 2017.
From India, Mumbai
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Hi all,
Just one quick query on the Maternity Benefit Extension: what if the company (startups to be taken into consideration) is not able to follow this rule? This could result in a significant loss for such startups, as they would need to pay a substantial amount in salaries to these women.
From India, Bengaluru
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Just one quick query on the Maternity Benefit Extension: what if the company (startups to be taken into consideration) is not able to follow this rule? This could result in a significant loss for such startups, as they would need to pay a substantial amount in salaries to these women.
From India, Bengaluru
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As per the Insertion of New Section 11A is it mandatory to have the crèche facility either an establishment having no or below 30 women employee.
From India,
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From India,
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Dear All,
Please find attached a circular dated 12.04.2017 by Ministry of L & E, GOI giving clarifications on certain queries on Maternity Benefit Amendments 2017, which are self explanatory.
However, this circular does not give answer to queries by RASHMI SINGH 15 and MAHIPAL.PANWAR. My views on the said queries by are as under:
As regards to query by RASHMI SINGH 15: This Act does not distinguished between Startup and non-Startup.
As regards to query by MAHIPAL.PANWAR: There is no ambiguity in new section 11A. Please read once again the new section given verbatim below:
‘‘11A. (1) Every establishment having fifty or more employees shall have the facility of créche within such distance as may be prescribed, either separately or along with common facilities".
From India, Mumbai
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Please find attached a circular dated 12.04.2017 by Ministry of L & E, GOI giving clarifications on certain queries on Maternity Benefit Amendments 2017, which are self explanatory.
However, this circular does not give answer to queries by RASHMI SINGH 15 and MAHIPAL.PANWAR. My views on the said queries by are as under:
As regards to query by RASHMI SINGH 15: This Act does not distinguished between Startup and non-Startup.
As regards to query by MAHIPAL.PANWAR: There is no ambiguity in new section 11A. Please read once again the new section given verbatim below:
‘‘11A. (1) Every establishment having fifty or more employees shall have the facility of créche within such distance as may be prescribed, either separately or along with common facilities".
From India, Mumbai
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Dear friends,
The below given queries remained un-answered:
1. Whether the crèche facility is to be provided at free of cost. (since most of the organisations operate in densely populated urban areas, the cost of extending such facilities can be significant);
2. Distance of the crèche from the establishment.
Of course, the implementation date for creche facility is July 1, 2017. Still there is a time. The Government may come out with clarification and /or rules in this regards.
From India, Mumbai
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The below given queries remained un-answered:
1. Whether the crèche facility is to be provided at free of cost. (since most of the organisations operate in densely populated urban areas, the cost of extending such facilities can be significant);
2. Distance of the crèche from the establishment.
Of course, the implementation date for creche facility is July 1, 2017. Still there is a time. The Government may come out with clarification and /or rules in this regards.
From India, Mumbai
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Dear Team, Is there any eligibility to avail Maternity Benefit? May an employee avail MB from her date of appointment. Kindly clarify.
From India, Bhubaneswar
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From India, Bhubaneswar
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Dear Shaikh Abedeen ji,
The condition for claiming Maternity Benefit under the Maternity Benefit Act is that the female employee must have worked for 80 days in the 12 months immediately preceding her date of delivery. Please refer to section 5(2) of the Maternity Benefit Act.
Thank you.
From India, Mumbai
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The condition for claiming Maternity Benefit under the Maternity Benefit Act is that the female employee must have worked for 80 days in the 12 months immediately preceding her date of delivery. Please refer to section 5(2) of the Maternity Benefit Act.
Thank you.
From India, Mumbai
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Maternity Benefit (Amendment) Bill 2016.pdf