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The Maternity Benefit (Amendment) Act, 2017 - Clarifications

To, The Labour Department, All states/Union Territories         New Delhi, dated 12th April, 2017

In line with recommendations of the 44th, 45th & 46th Session of Indian labour Conference (ILC) and demands from various quarters, the Government has recently enacted the Maternity Benefit (Amendment) Act, 2017. Through this Amendment Act, following provisions have been added to the Maternity Benefit Act, 1961:-

• Increase in the maternity leave from existing 12 to 26 weeks for working women with less than two surviving children.
• Provisions for work from home for nursing mothers.
• Mandatory provisions for establishments having fifty or more employees to have the facility of crèche.
• Extension of twelve weeks of maternity benefit to the 'commissioning mother' and the 'adopting mother' from the date the child is handed over.

Provisions of the Amendment Act have come into force w.e.f. 1st April, 2017, except those relating to crèche facility {Section 4(1)} which would come into force from 01.07.2017.

2. After the enactment of the said Act, the Ministry has been receiving numerous queries relating the revised provisions of the Act. The Ministry has examined such queries in consultation with Chief Labour Commissioner (Central) and the same are clarified as below :-

The Maternity Benefit (Amendment) Act, 2017 - Clarifications

3. It is requested that these clarifications may be noted for compliance and also circulated widely so as to make the pregnant working women aware of their rights.

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