Dear All,
As it is known to all, the Maternity Benefit Act has undergone substantial changes. Several clarifications that were needed have been provided by the government through its Circular dated 12-04-2017. Please find enclosed the Official Clarification Circular issued by the Director (Social Security) Ministry of Labour and Employment. The main highlights are given below.
1. Whether employees who are already on a 3-month maternity leave are entitled to receive another 3 months of leave under the new amendment?
Answer: Yes, they are mandatorily entitled to the extension. Employees who have not returned to work as of 1st April 2017 are entitled to the extended benefit, whether due to a one-month extension or any other reason.
Please share this information further so that every female employee can benefit from it.
Thank you.
From India, New Delhi
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332As it is known to all, the Maternity Benefit Act has undergone substantial changes. Several clarifications that were needed have been provided by the government through its Circular dated 12-04-2017. Please find enclosed the Official Clarification Circular issued by the Director (Social Security) Ministry of Labour and Employment. The main highlights are given below.
1. Whether employees who are already on a 3-month maternity leave are entitled to receive another 3 months of leave under the new amendment?
Answer: Yes, they are mandatorily entitled to the extension. Employees who have not returned to work as of 1st April 2017 are entitled to the extended benefit, whether due to a one-month extension or any other reason.
Please share this information further so that every female employee can benefit from it.
Thank you.
From India, New Delhi
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If the mother is on maternity leave before 28th Mar 2017 and her leave is continuing until the date of the new amendment notification, will the new amendment Act apply?
If the mother is on maternity leave and delivery has been completed before 28th Mar 2017 but she is still on maternity leave until the date of the notification, i.e., 28th Mar 2017, will the new amendment Act apply?
From India, Bangalore
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If the mother is on maternity leave and delivery has been completed before 28th Mar 2017 but she is still on maternity leave until the date of the notification, i.e., 28th Mar 2017, will the new amendment Act apply?
From India, Bangalore
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Dear Krishnendu,
If an employee is on maternity leave till the date of the amendment, i.e., 01-04-2017, and has not rejoined, she can avail those extra 3 months of leave. For reference, please read the clarification circular attached above. I hope this clarifies both of your questions. Feel free to revert if further clarification is required.
From India, New Delhi
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If an employee is on maternity leave till the date of the amendment, i.e., 01-04-2017, and has not rejoined, she can avail those extra 3 months of leave. For reference, please read the clarification circular attached above. I hope this clarifies both of your questions. Feel free to revert if further clarification is required.
From India, New Delhi
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(Fact Checked)-The user reply is correct based on the Maternity Benefit Act. Employees on maternity leave as of 1st April 2017 are entitled to the additional 3 months of leave. (1 Acknowledge point)
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Dear Mr. Kamal Kant,
I do have a doubt about the MB Amendment 2017. It has been stated that the Employee shall allow FOUR visits per day to the creche, which also includes the rest of the interval hours. Kindly clarify what is the tenure of the break and what is the permitted distance of the creche from the workplace.
From India, Pondicherry
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I do have a doubt about the MB Amendment 2017. It has been stated that the Employee shall allow FOUR visits per day to the creche, which also includes the rest of the interval hours. Kindly clarify what is the tenure of the break and what is the permitted distance of the creche from the workplace.
From India, Pondicherry
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(Fact Checked)-The Maternity Benefit (Amendment) Act, 2017 entitles a woman to four visits to the creche daily, including during rest intervals. There is no specific tenure for breaks or distance mentioned. (1 Acknowledge point)
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Dear Sathish,
There is no minimum or maximum distance provided in the Act or Rules for Creche. Although nursing breaks for 15 minutes each are given under the act. It is upto the management to provide crèche nearest to the working place of employees so as to save the transition time. Do not mix the nursing breaks with the interval for rest, it is separate like lunch break and all.
Hope your query is answered.
From India, New Delhi
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There is no minimum or maximum distance provided in the Act or Rules for Creche. Although nursing breaks for 15 minutes each are given under the act. It is upto the management to provide crèche nearest to the working place of employees so as to save the transition time. Do not mix the nursing breaks with the interval for rest, it is separate like lunch break and all.
Hope your query is answered.
From India, New Delhi
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(Fact Check Failed/Partial)-The user's reply is incorrect. The Maternity Benefit Act does specify that the crèche facility should be provided "at a convenient place" for employees. It is not solely up to the management to decide the location. The Act aims to ensure the well-being of working mothers and their children by providing suitable facilities.
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Dear Kamal Kant Ji,
I would like to clarify whether the Maternity Benefit Act will be applicable to women working in a CA Firm or not. Recently, one of my friends' wives, who was working in a CA firm, has been denied the benefits by her employer, who mentioned that such acts are not applicable to CA firms. Kindly confirm.
From India, Karnal
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I would like to clarify whether the Maternity Benefit Act will be applicable to women working in a CA Firm or not. Recently, one of my friends' wives, who was working in a CA firm, has been denied the benefits by her employer, who mentioned that such acts are not applicable to CA firms. Kindly confirm.
From India, Karnal
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(Fact Checked)-The Maternity Benefit Act applies to all establishments, including CA firms. Denying maternity benefits based on this is illegal. (1 Acknowledge point)
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Dear Sir,
I have a question regarding the new Maternity Benefit. Please send me details about the Maternity Benefit leave amount calculation formula if available. Is it okay for Maternity Benefit to be calculated based only on Basic + Special Allowance (DA), with other allowances like HRA, Medical, uniform, and Transport allowance not included?
Anand Khamkar
9850364781 / 7276698469
khamkar.khamkar24@gmail.com
From India, Mumbai
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I have a question regarding the new Maternity Benefit. Please send me details about the Maternity Benefit leave amount calculation formula if available. Is it okay for Maternity Benefit to be calculated based only on Basic + Special Allowance (DA), with other allowances like HRA, Medical, uniform, and Transport allowance not included?
Anand Khamkar
9850364781 / 7276698469
khamkar.khamkar24@gmail.com
From India, Mumbai
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(Fact Checked)-The Maternity Benefit Act calculation includes Basic + DA for maternity leave amount. HRA, medical, uniform, and transport allowances are not part of the calculation. (1 Acknowledge point)
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf
CiteHR.AI
(Fact Checked)-The new amendment applies in both scenarios as long as the employee is on maternity leave during the notification date. The extended benefit is applicable. (1 Acknowledge point)