Maternity Benefit (Amendment) Bill, 2016 Passed

Parliament has passed the Maternity Benefit (Amendment) Bill, 2016 as Loksabha passed it on Thursday.

Rajyasabha had passed the Bill during the winter session of Parliament.

The Maternity Benefit Act 1961 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 Bill

(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 Bill here.

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  • Varun sharma says:

    Please let me know, from which date this maternity bill will be considered as effective or children born from which date will be having benefit under this scheme….

    • anpumani says:

      It will be applicable from the date of publication of the rule in gazette, which is still awaited. Expected in next 1-2 weeks. Mother who started leave on earlier dates are not eligible.

  • Varun sharma says:


    Please let me know, from which date this maternity bill will be considered as effective or children born from which date will be having benefit under this scheme.

    • vidisha says:

      Cut off date will be the date of publication in gazette or the date on which president signs the bill. Both has not happened so far. So who ever is going on leave before these dates will get only 3 months, unless their companies are kind enough to include them.

  • Smita says:

    Can you confirm effective date of amendment of Maternity Act.

  • subashini says:

    Any idea when the bill will be published in gazette?

  • Priyanka says:

    I work in a private Institute. They are following the old 1961 Maternity benefit law, of providing 3 months maternity leave, & according to the management of the Institute. They won’t be providing the leave according to 10 th aug Amendements.
    Are there any rules or punishments, which the institute might have to face if they dont provide with the latest Bill Amendments?

    • anpumani says:

      After the rule in published in gazette which will take 1-2 weeks more, every organization need to follow. Else it is punishable. For people who went on leave before the rule was updated in gazette, 26 weeks not applicable. Only 3 months

  • Madhumita Deb says:

    Dear All,

    I am having my due date in March 26th 2017, May I know the date since when this law becomes effective for us as my leave approval is pending on the decision of the restrospective date of effectiveness.

  • Neha says:

    Hi all,

    My due date is in july first week . i am taking maternity leave from june 1st 2017. M i eligible for this policy pls someone clarify. In my organisation its only 3 months .

  • Karan Singh sadh says:

    It’s very useful…

  • manisha says:

    I am working in limited company. I completely my maternity leave on 31 st May 2017. As per my organization I am eligible for 3 months of leave which is ending by 31 st May 2017. Who can confirm if the law is applicable retrospectively as well? And does the organization have the freedom to decide what is the cut off date or the start date to kick start the new policy.

    • Anoopa says:

      The law is not applicable for retrospective dates. This has been clarified by women and child ministry. We need to wait for official publication in gazette for exact cutoff date. It can either for people starting leave on 9th march or on the date of gazette publication. Not applicable to people who started maternity leave before 9th March.

      • subashini says:

        Hi Anoopa,
        Any idea on when it will be published in Gazette.
        I am starting my maternity from Apr 24th. Any chance of it getting published in gazette before that?

      • Ela says:

        I tool leave from 6 th of due date is 16 th of i applicable for this benefit or not?..however my baby was not born yet