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Key provisions of the Maternity Bill

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The Maternity Benefit (Amendment) Bill 2016 (“Maternity Bill”), was passed in the Lok Sabha on March 9, 2017. The Rajya Sabha had passed the Maternity Bill earlier in August, 2016.

The Maternity Benefit Act, 1961 is applicable to every establishment having 10 or more employees.

Following are the key provisions of the Maternity Bill:

  •  The period of maternity leave has been increased to 26 weeks from the current 12 weeks for the first two children. For subsequent children, the period of maternity leave remains unchanged i.e. 12 weeks. Out of the 26 weeks of maternity leave, not more than 8 weeks can be taken before the date of expected delivery, whereas earlier, the pre-natal period was prescribed to be not more than 6 weeks.
  • Employers are required to provide 12 weeks of maternity leave to commissioning / adopting mothers starting from the date the child is handed over.
  • Establishments having 50 or more employees are required to provide creche facilities either individually or as a shared common facility within the prescribed distance as may be prescribed by rules & permit the woman employee to make four visits to the crèche in a day which also includes her interval for rest.
  • An employer may allow a woman to work from home based on the nature of work. This may be mutually agreed upon by the employer and the woman.
  • Women employees are to be informed of the applicable maternity benefits in writing and electronically, at the time of appointment. 

The Maternity Bill will now be sent to the President for his assent. Upon receiving Presidential assent, and publication in the official Gazette the amended maternity law will come into effect from the date as specified in the Official Gazette notification.

Important: For the recent update and clarification, please see the attached documents. 

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2 Comments

  1. Government Notifies Maternity  Benefit (Amendment) Act 2017

    The Maternity Benefit (Amendment) Act 2017 has been notified in the official Gazette. The effective date for the various provisions of the said amendment is 1st April 20171. The provision relating to providing Creche facility, will come into effect from is 1st July 20172.

    Following are the key provisions of the Maternity Benefits (Amendment) Act 2017

    • Duration of Maternity (with effect from 1st April 2017): The period of maternity leave has been increased to 26 weeks from the current 12 weeks for the first two children. For subsequent children, the period of maternity leave remains unchanged i.e. 12 weeks. The pre-natal leave period has been extended from earlier 6 weeks to 8 weeks.
    • Adoption /Surrogacy Leave (with effect from 1st April 2017): Employers are required to provide 12 weeks of maternity leave to commissioning / adopting mothers starting from the date the child is handed over.
    • Creche Facilities (with effect from 1st July 2017): Establishments having 50 or more employees are required to provide Creche facilities either individually or as a shared common facility within the prescribed distance & permit the woman employee to make four visits to the crèche in a day which also includes her interval for rest. Further, the rules regarding the prescribed distance are yet to be published by the Government. We will share a member update as and when they will get notified.
    • Work from Home (with effect from 1st April 2017): An employer may allow a woman to work from home after the period of maternity leave based on the nature of work. This may be mutually agreed upon by the employer and the woman.
    •  Informing Women Employees on the Maternity Benefits (with effect from 1st April 2017): Employers are required to inform women employees of the applicable maternity benefits in writing and electronically, at the time of appointment.

    For any feedback/concerns please write to us at policyquery@nasscom.in

  2. There was some initial confusion regarding this, thankfully, there is clarity now. The maternity law will also cover those on leave http://timesofindia.indiatimes.com/india/new-maternity-law-to-cover-those-on-leave/articleshow/58586104.cms 

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