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Key Amendments in Maternity Benefit Act 1961
Maternity Benefit (Amendment) Bill 2016
(1) Increased Paid Maternity Leave:
• The Maternity Benefit Amendment Act
• has increased
• the duration of paid maternity leave
• available for women employees.
For women who are expecting BEFORE having 2 children
• Pre-Expected (Before the expected delivery date)
Up to a maximum of 8 weeks
• Post-Expected (The remaining time can be availed)
• For women who are expecting AFTER having 2 children
• Pre-Expected date of delivery
(Before the expected delivery date)
• Post-Expected date of delivery
(The remaining time can be availed)
(2) MATERNITY LEAVE FOR
ADOPTIVE AND COMMISSIONING MOTHERS
• Maternity leave to mothers adopting a child below the age of three months
12 Weeks from the date of adoption
• Maternity leave to Commissioning mothers
o The commissioning mother has been defined as
o biological mother who uses her egg
o to create an embryo planted in any other woman.
(3) WORK FROM HOME OPTION:
• The Maternity Benefit Amendment Act has also introduced an enabling provision relating to "work from home" for women.
• This may be exercised after the expiry of the 26 weeks' leave period.
• Depending upon the nature of work, women employees may be able to avail this benefit.
• On Mutually agreed terms with the employer.
(4) Crèche facility:
• The Maternity Benefit Amendment Act makes crèche facility mandatory for every establishment employing 50 or more employees.
• Women employees would be permitted to visit the crèche 4 times during the day (including rest intervals).
• The Maternity Benefit Amendment Act makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment.