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Maternity Benefit (Amendment) Act, 2016 Notified [Read The Text]

The Government of India has notified The Maternity Benefit (Amendment) Act, 2016 Act on 28th March,2017 . The Amendment Act received the assent of President of India on 27th March, 2017.

Section 2 of the Amendment Act states as follows;

“(2). It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint :

           Provided that different dates may be appointed for different provisions of this Act           and any reference in any such provision to the commencement of this Act shall be           construed as a reference to the coming into force of that provision”

The Maternity Benefit Act protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons. The amendments will help 1.8 million (approx.) women workforce in organised sector.

Salient Features of the Act

(i) Maternity leave available to the working women to be increased from 12 weeks to 26 weeks for the first two children.

(ii) Maternity leave for children beyond the first two will continue to be 12 weeks.

(iii) Maternity leave of 12 weeks to be available to mothers adopting a child below the age of three months as well as to the “commissioning mothers”. The commissioning mother has been defined as biological mother who uses her egg to create an embryo planted in any other woman.

(iv) Every establishment with more than 50 employees to provide for crèche facilities for working mothers and such mothers will be permitted to make four visits during working hours to look after and feed the child in the crèche.

(v) The employer may permit a woman to work from home if it is possible to do so.

(vi) Every establishment will be required to make these benefits available to the women from the time of her appointment.

Read the Act here.

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  • KUMARJIT CHOWDHURY says:

    MY WIFE IS WORKING IN A PROJECT ON DAILY WORK BASIS i.e NO WORK NO PAY BASIS . NOW SHE GAVE BIRTH A BABY SON ON 28 TH MARCH ,2017. WHETHER SHE CAN AVAIL MATERNITY LEAVE OR NOT?

  • Hajra says:

    Hi, i delivered on 27th april 2017 can i utilise this new maternity benefits pl reply as soon as possible.

  • Sruthi says:

    Hi …i will be delivering my baby in the month of june..i work as a teacher in a private sector…am i eligible to get 6 month maternity leave with pay?? Please revert soon..

  • Anita says:

    This is Anita here, me an doctor (Gynaecologist) working on 5 years contractual job. I completed one and half year of job and now i am antenatal. My delivery is expected in july. Our hospital is run by Govt of india but they hospital admin people has started following CCS rule since this january but for maternity leave they are telling that we have our own society rules for this and maternity leave will not be given more than 12 weeks/90days (3 month).
    So please help me how to deal these people? I tried to find out maternity amendment Gazette letter to show them proof of rule but but not able to get in online. Please guide me.
    Thanking u
    Anita.

  • Vivek says:

    Hello,
    My wife is on maternity leave from 4 th Jan 2017. As per previous act she was sanctioned 84 days leave i.e up to 28th March 2017. Then She extended her leave upto 31st may which is without pay. So is She eligible for benefit of 26 weeks leave?
    Thank you.

    • NARENDAR says:

      HI
      MY WIFE IS UNDER MATERNITY LEAVE FROM 18 MARCH FOR 84 DAYS AS THE BILL PASSED ON APRIL 1 IS SHE ELIGIBLE FOR 26 WEEKS MATERTINTY BENIFIT

  • beena k says:

    I am Beena working in Artemis hospital gurgaon. My delivery was on 27th of February. I am on ML till 19th of may. When i approached to hospital ,they said this benefit will get those who delivered only after 1st of April. Someone says in 6/month leave, 3months will b paid and next 3months without pay. Please let me know since when this bill is being implemented?
    Am I eligible for this maternity amendment?

  • Neelam says:

    Hi,

    I am working in dr batra’s health clinic (employing more than 50 employees) as a contractual doctor for last 2 years. Will i get paid maternity leave of 26 weeks?

    Thanks in anticipation

  • Savi says:

    Hi, I am a government contractual employee in education department , my 12 weeks of ML will over on 15 may 2017. Am i eligible for this maternity benifice amendment?
    Please revert soon.

  • Sneha says:

    Hi, my 12 weeks of ML was over on 25 feb 2017.since then i am on PL. I have not join yet. Still am i eligible for this maternity benifice amendment

  • Saranya says:

    My baby born in Feb month. I taken leave from Feb. I am working for the private secttor. Will I be able to get the benefits from this law.

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