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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: Ø    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  Increase Maternity Benefit from 12 weeks to 26 weeks for 1 st  & 2 nd  children, and 12 weeks for more than 2 children. 12 weeks Maternity Benefit to a Commissioning Mother and adopting mother Provision for work from home for nursing mother. 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. Ø    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. M andatory Provision of Crèche  to establishments having more than 50 or more total employees ...

The Ministry of Labour and Employment, Government of India (" Ministry of Labour ")  vide  Official Gazette notification dated 31 March 2017 has appointed 1 April 2017 as the date on which the Maternity Benefit (Amendment) Act 2017 (" MB Amendment Act ") has come into force. However, the relevant provision on the "work from home" option will come into effect from 1 July 2017. The MB Amendment Act had received Presidential assent on 27 March 2017 and was published in the Official Gazette on 28 March 2017. Key Amendments The MB Amendment Act regulates paid maternity leave entitlement and other related benefits for women employed in factories, mines and shops or commercial establishments employing 10 or more employees.  Key amendments introduced in the Maternity Benefit (Amendment) Act, 2017 Increased Paid Maternity Leave:  The MB Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 ...

 High lights of Maternity Benefit (amendment) Act 2017 are as under, A Long awaited Maternity Benefit Act amendment is passed by both the house necessary Notification is appended below Increase Maternity Benefit from 12 weeks to 26 weeks for 1st & 2nd children, and 12 weeks for more than 2 children. 12 weeks Maternity Benefit to a Commissioning Mother and adopting mother Facilitate work from home. Mandatory Provision of Crèche  to establishments having more than 50 or more total employees. 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 Minister of Women and Child Development, Smt. Maneka Gandhi thanked the Minister for Labour and Employment, Shri Bandaru Dattatreya for taking up the demand of lakhs of women across the country and for having steered the Bill through Rajya Sabha as well as the Lok Sabha. In her message to the w...

The Maternity Benefit (Amendment) Bill, 2016 ("MB Bill") was passed in the Rajya Sabha (Upper House) on 11 August 2016 :   Subject to the approval by the Lok Sabha (Lower House) and assent of the President of India, the MB Bill is set to become law on a date to be notified in the Official Gazette. The main provisions appear below. Action     required :     None     immediately. Monitor progress of the MB Bill and review current policies and procedures in the light of the expected new rules . Increased Paid Maternity Leave :  The MB Bill will increase maternity leave from 12 to 26 weeks. In addition, the start date for maternity leave is proposed to increase to 8 weeks before the expected date of delivery and 18 weeks after childbirth. For woman who have 2 or more children, the duration of maternity leave shall continue to be 12 weeks (i.e. 6 weeks pre and 6 weeks post the date of delivery). Action     required : None ...

The proposed changes to the Maternity Benefit Act does a lot to bring India on par with international standards which provide 14 weeks of paid Maternity Benefit. However, some of the changes proposed could significantly increase costs for employers. The Maternity Benefit (Amendment) Bill, 2016 (the  Amendment ) was recently passed by the Rajya Sabha to amend certain provisions of the Maternity Benefit Act, 1961 (the  MB Act ). As number of women entering the workforce is  increasing , there is a renewed focus on whether the benefits provided by existing  legislation , such as the MB Act, encourage  exclusivity . It has also often been highlighted that the 12 weeks of paid maternity leave provided for under the MB Act falls short of the international standard of 14 weeks as set by the International Labour Organisation. Given this, there has been a concerted push to amend the MB Act, with several ministries in the government coming up with pro...