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imported>Rohitkr rk: It was incorrectly stated that the act applies to establishments with 50 or more employees. It actually applies to all establishments with 10 or more employees, with some special provisions for establishments with greater than 50 employees.

2021-08-16T20:19:05Z

It was incorrectly stated that the act applies to establishments with 50 or more employees. It actually applies to all establishments with 10 or more employees, with some special provisions for establishments with greater than 50 employees.

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{{Use Indian English|date=December 2016}}
{{Use dmy dates|date=October 2020}}
{{Infobox legislation
| short_title = Maternity Benefit (Amendment) Act, 2017
| imagesize =
| imagealt =
| long_title = An Act to protect the employment of women during the time of her maternity n entitles her of a 'materniti benefit' – i.e. full paid absence from work – to take care for her child.
| citation = PIB<ref>{{cite web|url=http://pib.nic.in/newsite/PrintRelease.aspx?relid=159039|title=Maternity Benefit (Amendment) Bill, 2016 passed in the Parliament|website=pib.nic.in|url-status=live|archive-url=https://web.archive.org/web/20170612224620/http://pib.nic.in/newsite/PrintRelease.aspx?relid=159039|archive-date=12 June 2017}}</ref>
| enacted_by = [[Parliament of India]]
| date_assented = 27 March 2017
| date_commenced = 1 April 2017
| repealed_by = [[The Code On Social Security, 2020]]
| status = repealed
| ministry = Ministry of Labour and Employment, Government of India
}}

The '''Maternity (Amendment) Bill 2017''', an amendment to the Maternity Benefit Act, 1961, was passed in Rajya Sabha on 11 August 2016, in Lok Sabha on 9 March 2017, and received an assent from President of India on 27 March 2017.<ref>{{cite web|url=http://www.world-psi.org/sites/default/files/attachment/news/maternity_benefit_amendment_act2017__0.pdf|title=The Maternity Benefit (Amendment) Act, 2017 - No. 6 of 2017|archive-url=https://web.archive.org/web/20170713060223/http://www.world-psi.org/sites/default/files/attachment/news/maternity_benefit_amendment_act2017__0.pdf|archive-date=13 July 2017|url-status=live|access-date=2017-07-20}}</ref> The Maternity Benefit Act, 1961 protects the employment of women during the time of her maternity and entitles her of a 'maternity benefit' – i.e. full paid absence from work – to take care for her child. The Act is applicable to all establishments employing 10 or more than 10 persons in Factories, Mines, Plantation, Shops & Establishments and other entities.<ref>{{cite web|url=https://pib.gov.in/newsite/PrintRelease.aspx?relid=148712|title=Amendments to the Maternity Benefit Act, 1961: Press Information Bureau, Government of India}}</ref> Establishments employing 50 or more employees are also required to provide crèche facilities, either separately or along with common facilities within a prescribed distance.<ref>{{cite web|url=https://pib.gov.in/PressReleseDetail.aspx?PRID=1578758|title=Establishments Employing 50 or More Employees Required To Provide Creche Facility: Press Information Bureau, Government of India}}</ref>

The provisions of this act are effective from 1 April 2017. However, provision on creche facility (Section 11A) shall be effective from 1 July 2017. [[The Code On Social Security, 2020|The Code on Social Security, 2020]] consolidated the provisions of this and several other acts, repealing the acts in the process.

==Applicability==
The Act was applicable to all establishments which include factories, mines, plantations, Government establishments, shops and establishments under the relevant applicable legislation, or any other establishment as may be notified by the Central Government.

==Eligibility==
As per the Act, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days within the past 12 months. Payment during the leave period is based on the average daily wage for the period of actual absence.<ref>{{cite web|url=http://www.mondaq.com/india/x/583170/Employee+Benefits+Compensation/Maternity+Benefit+Amendments+Closer+to+Reality|title=India: Maternity Benefit Amendments: Closer To Reality|archive-url=https://web.archive.org/web/20171024205651/http://www.mondaq.com/india/x/583170/Employee+Benefits+Compensation/Maternity+Benefit+Amendments+Closer+to+Reality|archive-date=24 October 2017|url-status=live|access-date=2017-10-24}}</ref>

==Key amendments==

* Increased Paid Maternity Leave:

The Maternity Benefit Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed after childbirth. For women who are having 2 or more surviving children, the duration of paid maternity leave shall be 12 weeks (i.e. 6 weeks before and 6 weeks after expected date of delivery).

*Maternity leave for adoptive and commissioning mothers:

Maternity leave of 12 weeks to be available to mothers adopting a child below the age of three months from the date of adoption as well as to the "commissioning mothers". The commissioning mother has been defined as biological mother who uses her egg to create an embryo planted in any other woman.

*Work from Home option:
The Maternity Benefit Amendment Act has also introduced an enabling provision relating to "work from home" for women, which 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 terms that are mutually agreed with the employer.

*Creche facility:<ref>{{Cite web|url=https://www.mondaq.com/india/Employment-and-HR/668308/Creche-Facility-Under-Maternity-Benefit-Amendment-Act-2017|title=Creche Facility Under Maternity Benefit Amendment Act, 2017}}</ref>

The Maternity Benefit Amendment Act makes creche facility mandatory for every establishment employing 50 or more employees.<ref>{{Cite news|url=http://timesofindia.indiatimes.com/business/india-business/labour-ministry-to-frame-rules-on-creche-soon/articleshow/59662114.cms|title=Labour Ministry to frame rules on creche soon - Times of India|work=The Times of India|access-date=2017-07-20|url-status=live|archive-url=https://web.archive.org/web/20180323123245/https://timesofindia.indiatimes.com/business/india-business/labour-ministry-to-frame-rules-on-creche-soon/articleshow/59662114.cms|archive-date=23 March 2018}}</ref> 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.

== Criticism ==

* Gender discrimination against women having childbearing age:

Policy design is important and making such leave an employer mandate, as in India, ensures employers will discriminate against women of childbearing age.<ref name=":0">{{Cite web|url=https://www.livemint.com/Opinion/XXInpbtQzgRWwe28GBr9aM/Opinion-Indias-wrong-approach-to-paid-maternity-leave.html|title=India’s wrong approach to paid maternity leave}}</ref> Additional requirements like creche facilities require more capital and operating expenditure. It won't come as a surprise that some companies in India might shy away from hiring young women. When they do, the women might face a reduction in compensation as firms compensate for higher lifetime costs.

* Types of burden on the employer:

Employers have to bear the entire cost of providing leave to employees—in terms of both continued pay while on leave, as well as the indirect cost of having to get the work done by employing other workers to finish the work of the absent employee. Also, it increases the cost of temporary training provided to the employee which is employed on behalf of the absent employee.<ref name=":0" />

* Women will lose their jobs:

Regarding how the bulk of employment is in the informal sector, Team-lease estimates, that 11-18 Lakh jobs for women will be lost because of the implementation of the Act, over the first four years.<ref>{{Cite web|url=https://www.financialexpress.com/opinion/indias-maternity-benefits-law-will-do-more-bad-than-good-here-is-why/1225954/|title=India’s maternity benefits law will do more bad than good – Here is why|date=2018-06-30|website=The Financial Express|access-date=2019-04-19}}</ref>

* Financial burden only on employer:

In most countries, the cost of maternity leave is shared by the government, employer, insurance agency and other social security programs. In Singapore, for example, the employer bears the cost for 8 weeks and public funds for 8 weeks. In Australia and Canada, public funds bear the full cost. A social insurance scheme bears the cost in France. In Brazil, it shared by the employer, employee and the government.<ref>{{Cite news|url=https://economictimes.indiatimes.com/articleshow/64809703.cms?from=mdr|title=Maternity Benefit Act: The new amendments might cause some pangs in the short run|date=2018-07-01|work=The Economic Times|access-date=2019-04-19}}</ref>

==References==
{{Reflist}}

{{Indian legislations}}

[[Category:Acts of the Parliament of India]]
[[Category:Indian family law]]
[[Category:Women's rights in India]]
[[Category:Women's rights legislation]]
[[Category:Modi administration]]
[[Category:Maternity in India]]
[[Category:Acts of the Parliament of India 2017]]

Maternity Benefit (Amendment) Act, 2017 - Revision history

->FormalDude: RCP reverted edits by 2409:4053:2D09:A88:FDF2:C0E:82FD:3CF3 (Talk); changed back to last revision by Rohitkr rk: Unsourced

imported>Rohitkr rk: It was incorrectly stated that the act applies to establishments with 50 or more employees. It actually applies to all establishments with 10 or more employees, with some special provisions for establishments with greater than 50 employees.