Clarification regarding Maternity Benefit (Amendment) Act, 2017

Please be informed that the clarification given by the Ministry of Labour and employment regarding new amendment under the Maternity Benefit act. Following points are evaluated:

• All new said amended clauses in notification except sub-section (5) of section 3 will be effected w.e.f. 1st Day of April, 2017

1. Increase Maternity Benefit from 12 weeks to 26 weeks for 1st & 2nd children, and 12 weeks for more than 2 children.
2. 12 weeks Maternity Benefit to a Commissioning Mother and adopting mother
3. Provision for work from home for nursing mother.
4. Every establishment shall intimate in writing and electronically to every women at the time of her initial appointment about the benefits available under the Act

• The 1st day of July, 2017, as the date on which sub-section (5) of section 3 of the said Act shall come into force.
• Mandatory Provision of Crèche to establishments having more than 50 or more total employees

Also clarified that :-

· The act is applicable to all category of employees whether they are Permanent, contractual or consultant employees.

· The Maternity Leave is also applicable to the employees who are already under Maternity Leave at the time of enforcement of this amendment act.

· The Women who had already availed 12 weeks of Maternity Leave and joined office before the enforcement of the this amendment shall not be entitled to avail the extended benefit of 26 week.

· Employer will be punished under sec. 21 of the act if any dismissal or discharged of women during the pregnancy.

· The act is applicable to all employees even though they are employed in unrecognized sector.

Clarification Note from Ministry of Labour and Employment