Executive Summary:
The Maternity Benefit Amendment Act, 2017, was approved by the President on March 27, 2017, and published for general information on March 28, 2017. The Act amends the Maternity Benefit Act of 1961, with provisions coming into force on dates appointed by the Central Government via official notification. Key changes include definitions, extended maternity leave, benefits for adoptive and commissioning mothers, and crèche facility requirements.
Key Points / Main Content:
Definitions:
* A "commissioning mother" is defined as a biological mother who uses her egg to create an embryo implanted in another woman.
Maternity Benefit (Section 5 Amendment):
* Maternity leave is increased from twelve to twenty-six weeks, with a maximum of eight weeks preceding the expected delivery date.
* For women with two or more surviving children, the maximum maternity benefit period is twelve weeks, with up to six weeks preceding the delivery date.
* Women who legally adopt a child below three months or commissioning mothers are entitled to twelve weeks of maternity benefit from the date the child is handed over.
* Employers may allow women to work from home after availing of maternity benefits, based on mutually agreed conditions.
Crèche Facility (Section 11A Insertion):
* Establishments with fifty or more employees must provide a crèche facility, either separately or with common facilities.
* Employers must allow women four visits to the crèche daily, including rest intervals.
* Establishments must inform women in writing and electronically about all benefits available under the Act at the time of their initial appointment.
Impact Analysis:
Employees (Women):
Impact: Extended maternity leave benefits, new benefits for adoptive and commissioning mothers, and access to crèche facilities in eligible establishments.
Action Required: Understand the updated benefits and communicate with employers regarding leave and work-from-home options.
Employers:
Impact: Increased maternity leave duration, providing benefits to adoptive and commissioning mothers, and mandatory crèche facility for establishments meeting the employee threshold.
Action Required: Update maternity leave policies, establish crèche facilities if applicable, and inform employees about the updated benefits.
Central Government:
Impact: Responsibility for setting the commencement dates for different provisions of the Act.
Action Required: Issue notifications in the Official Gazette specifying the effective dates for various provisions of the Act.
Key Entities Referenced
The Maternity Benefit Amendment Act, 2017: An Act further to amend the Maternity Benefit Act, 1961.
Maternity Benefit Act, 1961: The principal Act that the Maternity Benefit Amendment Act, 2017 amends.
Parliament: The legislative body that enacted the Maternity Benefit Amendment Act, 2017.
Central Government: The governmental body responsible for bringing the Act into force.
Official Gazette: The official publication where the Central Government will announce the commencement date of the Act.
New Delhi: Location of the Ministry of Law and Justice and the Government of India Press, Delhi.
Ministry of Law and Justice: The ministry responsible for publishing the Act.
President of India: The head of state who assented to the Maternity Benefit Amendment Act, 2017.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 28th March, 2017/Chaitra 7, 1939 (Saka)
The following Act of Parliament received the assent of the President on the
27th March, 2017, and is hereby published for general information:—
THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017
NO. 6 OF 2017
[27th March, 2017.]
A n Act further to amend the Maternity Benefit Act, 1961.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
1. (1) This Act may be called the Maternity Benefit (Amendment) Act, 2017. Short title and
commencement.
(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.
53 of 1961. 2. In the Maternity Benefit Act, 1961 (hereinafter referred to as the principal Act), in Amendment
section 3, after clause (b), the following clause shall be inserted, namely:— of section 3.
‘(ba) “commissioning mother” means a biological mother who uses her egg to
create an embryo implanted in any other woman;’.
3. In the principal Act, in section 5,— Amendment
of section 5.
(A) in sub-section (3)—
(i) for the words ‘‘twelve weeks of which not more than six weeks’’, the2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1 ]
words ‘‘twenty-six weeks of which not more than eight weeks’’ shall be substituted;
(ii) after sub-section (3) and before the first proviso, the following proviso
shall be inserted, namely:—
‘‘Provided that the maximum period entitled to maternity benefit by
a woman having two or more than two surviving children shall be twelve
weeks of which not more than six weeks shall precede the date of her
expected delivery;’’;
(iii) in the first proviso, for the words ‘‘Provided that’’, the words ‘‘Provided
further that’’ shall be substituted;
(iv) in the second proviso, for the words ‘‘Provided further that’’, the
words ‘‘Provided also that’’ shall be substituted;
(B) after sub-section (3), the following sub-sections shall be inserted, namely:—
‘‘(4) A woman who legally adopts a child below the age of three months or
a commissioning mother shall be entitled to maternity benefit for a period of
twelve weeks from the date the child is handed over to the adopting mother or
the commissioning mother, as the case may be.
(5) In case where the nature of work assigned to a woman is of such nature
that she may work from home, the employer may allow her to do so after availing
of the maternity benefit for such period and on such conditions as the employer
and the woman may mutually agree.’’.
Insertion of 4. In the principal Act, after section 11, the following section shall be inserted, namely:—
new section
11A.
Créche ‘‘11A. (1) Every establishment having fifty or more employees shall have the
facility. facility of créche within such distance as may be prescribed, either separately or along
with common facilities :
Provided that the employer shall allow four visits a day to the creche by the
woman, which shall also include the interval for rest allowed to her.
(2) Every establishment shall intimate in writing and electronically to every
woman at the time of her initial appointment regarding every benefit available under
the Act.’’.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
GMGIPMRND—5579GI—28-3-2017.