The Maternity Benefit (Amendment) Bill 2017

The Maternity Benefit (Amendment) Bill 2017, a revision to the Maternity Benefit Act, 1961, was passed in Lok Sabha on March 09, 2017, in Rajya Sabha on August 11, 2016, and got the consent of President of India on March 27, 2017.

Applicability: The Act is pertinent to all foundations which are industrial facilities, mines, manors, Government foundations, shops and foundations under the important material enactments, or some other foundation as might be advised by the Central Government.

Criterion: According to the Act, to be qualified for maternity advantage, a lady is more likely than not been functioning as a worker in a foundation for a time of no less than 80 days in the previous year. Installation amid the leave time frame depends on a normal day by day wage for the time of genuine nonattendance.

Some of the amendments made in the Bill are as follows-

  • Increased Paid Maternity Leave

The Maternity Bill Amendment Act has expanded the term of paid maternity leave accessible for ladies representatives from the current 12 weeks to 26 weeks. Under the Maternity Bill Amendment Act, this advantage could be benefited by ladies for a period stretching out up to two months previously the normal conveyance date and remaining 18 weeks can be profited post-labor. For ladies who are expecting subsequent to having 2 kids, the span of paid maternity leave might be 12 weeks which means a month and a half pre and a month and a half post expected date of delivery.

  • Maternity leave for receptive and dispatching moms

The Maternity Bill Amendment Act stretches out specific advantages to assenting mothers also and gives that each lady who receives a kid should be qualified for 12 weeks of maternity leave, from the date of selection.

  • No expanded advantage for a third child

The expanded Maternity Benefit is accessible for the initial two kids. The Amendment gives that a lady having at least two surviving youngsters should just be qualified for 12 (twelve) weeks of Maternity Benefit of which not more than 6 (six) might be taken preceding the date of the normal conveyance.

  • Adoption/Surrogacy

A lady who embraces a youngster underneath the age of 3 months, or a dispatching mother which implies a natural mother, who utilizes her egg to make a developing life embedded in some other lady, will be qualified for Maternity Benefit for a time of 12 weeks from the date the kid is given over to the receiving mother or the authorizing mother.

  • Prior Intimation

The Maternity Bill Amendment Act makes it compulsory for bosses to teach the staff about the maternity benefits accessible to them at the season of their arrangement.  Every foundation will be required to give mother at the season of her underlying arrangement, data about each advantage accessible under the Act.

  • Work from Home option

The MB Amendment Act has likewise acquainted an empowering arrangement relating to work from home option for ladies, which might be practiced after the expiry of the 26 weeks’ leave period. Contingent on the idea of work, ladies representatives might have the capacity to profit this advantage on terms that are commonly concurred with the business.

  • Creche option

The Maternity Bill Amendment Act makes creche office obligatory for each foundation utilizing at least 50 representatives which means that every foundation having 50 or more representatives are required to have an obligatory creche, either independently or alongside other regular offices. The mother is likewise to be permitted 4 visits a day to the creche, which will incorporate the interim for rest permitted to her.


The MB Amendment Act is an appreciated move towards assurance for ladies to practice her entitlement to convey calling ensured under the Indian Constitution. Be that as it may, the revisions have a couple of shortages like the ladies working in a disorderly area are excluded; the idea of Paternity Leave is not considered. Rules need to give a superior lucidity on recommended remove for creche office, paid leave for 26 weeks might be an extra cost for managers thus, and this may affect the procuring of ladies representatives.

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by Lovina Malhotra

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