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Maternity leave increasing from 12 weeks to 26 weeks – Maternity Benefit (Amendment) Act, 2016 Notified.

The Government of India has told The Maternity Benefit (Amendment) Act, 2016 Act on 28th March,2017 . The Amendment Act perceived a recognition of President of India on 27th March, 2017.

Section 2 of a Amendment Act states as follows;

“(2). It shall come into force on such date as a Central Government may, by presentation in a Official Gazette, designate :

Provided that opposite dates might be allocated for opposite supplies of this Act and any anxiety in any such sustenance to a derivation of this Act shall be construed as a anxiety to a entrance into force of that provision”

The Maternity Benefit Act protects a practice of women during a time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid deficiency from work – to take caring for her child. The act is germane to all establishments contracting 10 or some-more persons. The amendments will assistance 1.8 million (approx.) women workforce in organized sector.

(i) Maternity leave accessible to a operative women to be increasing from 12 weeks to 26 weeks for a initial dual children.

(ii) Maternity leave for children over a initial dual will continue to be 12 weeks.

(iii) Maternity leave of 12 weeks to be accessible to mothers adopting a child next a age of 3 months as good as to a “commissioning mothers”. The commissioning mom has been tangible as biological mom who uses her egg to emanate an bud planted in any other woman.

(iv) Every investiture with some-more than 50 employees to yield for crèche comforts for operative mothers and such mothers will be accessible to make 4 visits during operative hours to demeanour after and feed a child in a crèche.

(v) The employer might assent a lady to work from home if it is probable to do so.

(vi) Every investiture will be compulsory to make these advantages accessible to a women from a time of her appointment.

 

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017
NO. 6 OF 2017
[27th March, 2017.]

A n Act serve to rectify a Maternity Benefit Act, 1961.
BE it enacted by Parliament in a Sixty-eighth Year of a Republic of India as follows:—

1. (1) This Act might be called a Maternity Benefit (Amendment) Act, 2017.

(2) It shall come into force on such date as a Central Government may, by presentation in a Official Gazette. Provided that opposite dates might be allocated for opposite supplies of this Act and any anxiety in any such sustenance to a derivation of this Act shall be construed as a anxiety to a entrance into force of that provision.

2. In a Maternity Benefit Act, 1961 (hereinafter referred to as a principal Act), in territory 3, after portion (b), a following portion shall be inserted, namely:— ‘(ba) “commissioning mother” means a biological mom who uses her egg to emanate an bud ingrained in any other woman;’.

3. In a principal Act, in territory 5,—

(A) in sub-section (3)—

(i) for a difference ‘‘twelve weeks of that not some-more than 6 weeks’’, the words ‘‘twenty-six weeks of that not some-more than 8 weeks’’ shall be substituted;

(ii) after sub-section (3) and before a initial proviso, a following portion shall be inserted, namely:—

‘‘Provided that a limit duration entitled to maternity advantage by a lady carrying dual or some-more than dual flourishing children shall be twelve weeks of that not some-more than 6 weeks shall convey a date of her approaching delivery;’’;

(iii) in a initial proviso, for a difference ‘‘Provided that’’, a difference ‘‘Provided serve that’’ shall be substituted;

(iv) in a second proviso, for a difference ‘‘Provided serve that’’, a difference ‘‘Provided also that’’ shall be substituted;

(B) after sub-section (3), a following sub-sections shall be inserted, namely:— ‘‘(4) A lady who legally adopts a child next a age of 3 months or a commissioning mom shall be entitled to maternity advantage for a duration of twelve weeks from a date a child is handed over to a adopting mom or a commissioning mother, as a box might be.

(5) In box where a inlet of work reserved to a lady is of such inlet that she might work from home, a employer might concede her to do so after availing of a maternity advantage for such duration and on such conditions as a employer and a lady might jointly agree.’’.

4. In a principal Act, after territory 11, a following territory shall be inserted, namely:— ‘‘11A. (1) Every investiture carrying fifty or some-more employees shall have a trickery of créche within such stretch as might be prescribed, possibly alone or along with common comforts :

Provided that a employer shall concede 4 visits a day to a creche by a woman, that shall also embody a interlude for rest authorised to her.

(2) Every investiture shall insinuate in essay and electronically to each lady during a time of her initial appointment per each advantage accessible underneath a Act.’’.

DR. G. NARAYANA RAJU,
Secretary

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