The Maternity Benefit (Amendment) Act, 2017

 The Maternity Benefit (Amendment) Act, 2017:

The Maternity Benefits Act, 1961 and The Maternity Benefit (Amendment) Act, 2017: aim to regulate women's employment benefits all over the country. The act provides 12 weeks as the maximum period for which any working woman shall be entitled to maternity benefits. She can avail of this benefit for 6 weeks up to and including the day of her delivery and 6 weeks immediately following the day of her delivery. (Section 4)

Key highlights of the Amendment 

•  Increase in Maternity Benefit: The period of paid maternity leave (“Maternity Benefit”) that a woman employee is entitled to has been increased to 26 (twenty-six) weeks. Further, the Act previously allowed pregnant women to avail of Maternity benefits for only 6 (six) weeks before the expected delivery date. Now, this period is increased to 8 (eight) weeks. 

•  No increased benefit for the third child: The increased Maternity Benefit is only available for the first two children. The Amendment provides that a woman with two or more surviving children shall only be entitled to 12 (twelve) weeks of Maternity Benefit, of which no more than 6 (six) shall be taken prior to the expected delivery date. 

•  Adoption/Surrogacy: A woman who adopts a child below the age of 3 (three) months, or a commissioning mother (means a biological mother, who uses her egg to create an embryo implanted in any other woman), will be entitled to Maternity Benefit for a period of 12 (twelve) weeks from the date the child is handed over to the adopting mother or the commissioning mother. 

•  Creche Facility: Every establishment with 50 (fifty) or more employees is required to have a mandatory creche facility (within the prescribed distance from the establishment), either separately or along with other common facilities. The woman is also to be allowed 4 (four) visits a day to the creche, which will include the interval for rest allowed to her.

•  Work from home: If the nature of work assigned to a woman is such that she can work from home, an employer may allow her to work from home post the period of Maternity Benefit. The conditions for working from home may be mutually agreed upon between the employer and the woman. 

•  Prior Intimation: Every establishment will be required to provide women at the time of their initial appointment, information about every benefit available under the Act.