Dear Seniors,
I have learned that the Maternity Benefit Act of 1961 has been amended and came into effect on April 1, 2017. Could anyone please provide a brief overview of its key features and explain how maternity leave is applicable for a company under the Shops and Commercial Establishment Act?
Thank you.
From India, Jammu
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1I have learned that the Maternity Benefit Act of 1961 has been amended and came into effect on April 1, 2017. Could anyone please provide a brief overview of its key features and explain how maternity leave is applicable for a company under the Shops and Commercial Establishment Act?
Thank you.
From India, Jammu
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In short, it's 26 weeks of maternity benefit leave for a pregnant woman, and if the employer refuses to comply, then it's 3 months in jail for him. For further details, you may Google for the latest Maternity Benefit Act and download it from the internet.
From United+States, San+Francisco
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From United+States, San+Francisco
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Dear Joseph,
The Maternity Benefit (Amendment) Act, 2017
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.
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.
• 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.
Regards
Vinayak
From India, Bangalore
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The Maternity Benefit (Amendment) Act, 2017
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.
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.
• 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.
Regards
Vinayak
From India, Bangalore
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From your post, it is understood that your company is registered under the Shops & Commercial Establishments Act. The Maternity Benefit Act, 1961 is applicable to shops & commercial establishments employing 10 or more persons. Employees who come under the purview of the ESI Act, 1948, or are ESI covered employees, receive maternity benefits from the ESI Corporation. Employees not covered under the ESI Act will receive benefits from the employer.
As you are a woman, it would be beneficial for you to go through the bare act in detail along with any amendments. Since you already hold the position of Senior HR Executive, it is advisable to read all labor laws applicable to your establishment.
From India, New Delhi
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As you are a woman, it would be beneficial for you to go through the bare act in detail along with any amendments. Since you already hold the position of Senior HR Executive, it is advisable to read all labor laws applicable to your establishment.
From India, New Delhi
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Hi Joseph,
Few salient features as highlighted in the Act are as follows:
1) 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.
2) The provision provided for work from home facility that will be effective from 1st July 2017, whereas the rest of the Act has been enforced from 1st April 2017.
For more information, refer to https://www.stacowiki.in/en/blog/201...eeks-26-weeks/
From India, Bengaluru
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Few salient features as highlighted in the Act are as follows:
1) 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.
2) The provision provided for work from home facility that will be effective from 1st July 2017, whereas the rest of the Act has been enforced from 1st April 2017.
For more information, refer to https://www.stacowiki.in/en/blog/201...eeks-26-weeks/
From India, Bengaluru
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Hi,
Attached is the amendment copy. Please go through it for details. You can refer to the www.simpliance.in for a free online labor law library to download all recent amendments and notifications.
Thanks
From India, Bengaluru
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Attached is the amendment copy. Please go through it for details. You can refer to the www.simpliance.in for a free online labor law library to download all recent amendments and notifications.
Thanks
From India, Bengaluru
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf