Maternity Benefit (Amendment) Act 2017

The Maternity Benefit (Amendment) Act 2017 is a significant legislative reform in India aimed at enhancing the welfare and rights of working women. This amendment to the Maternity Benefit Act of 1961 was enacted to ensure better health and well-being of both the mother and the child. Here are the key features and implications of the Act:

Key Features of the Maternity Benefit (Amendment) Act 2017:

1. Extended Maternity Leave:
– The Act increased the duration of paid maternity leave from 12 weeks to 26 weeks for women working in both the public and private sectors. This benefit is available for the first two children. For the third child and subsequent children, the leave remains 12 weeks.

2. Adoption and Surrogacy:
– Women who legally adopt a child below three months of age and commissioning mothers (surrogate mothers) are entitled to 12 weeks of maternity leave from the date of adoption or the handing over of the child.

3. Crèche Facility:
– Establishments employing 50 or more employees are required to provide crèche facilities within a prescribed distance. The mother is allowed four visits to the crèche in a day, which includes her interval for rest.

4. Work from Home Option:
– The Act provides for the possibility of working from home after the maternity leave period. This option can be exercised if the nature of the work allows it, and the terms are mutually agreed upon by the employer and the employee.

5. Awareness about Maternity Benefits:
– The Act mandates that employers must inform women employees about their rights to maternity benefits at the time of their appointment. This information must be communicated in writing and electronically.

Implications of the Act:

1. Positive Impact on Maternal and Child Health:
– The extension of maternity leave allows mothers to have adequate time for postnatal care, breastfeeding, and bonding with the child, leading to better health outcomes for both mother and child.

2. Encouragement for Women’s Workforce Participation:
– By providing extended leave and supportive measures like crèche facilities and work-from-home options, the Act aims to reduce the attrition rate of women in the workforce, encouraging more women to continue working post-childbirth.

3. Employer Responsibilities:
– Employers are now more accountable for providing a supportive environment for women employees, which may require infrastructural changes and policy adjustments to comply with the new regulations.

4. Challenges for Small and Medium Enterprises (SMEs):
– Implementing the provisions of the Act, particularly the crèche facility and extended leave, could pose challenges for SMEs due to additional financial and logistical burdens.

Conclusion:

The Maternity Benefit (Amendment) Act 2017 is a progressive step towards gender equality and women’s empowerment in the workplace. By ensuring extended maternity leave and supportive measures for new mothers, the Act aims to create a more inclusive and conducive work environment, promoting the health and well-being of women and children in India.