Maternity Benefit Amendment Bill 2016

What is the Maternity Benefit Amendment all about?

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 persons. The amendments will help 1.8 million (approx.) women workforce in organised sector.

What are key amendments brought in the Bill?

• Increase Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two children.
• 12 weeks Maternity Benefit to a ‘Commissioning mother’ and ‘Adopting mother’.
• Facilitate’Work from home’.
• Mandatory provision of Creche in respect of establishment having 50 or more employees.

While there is already a provision of 26-week or 6-month maternity leave for the government employees, most private sector firms offer maximum three months of such leave. Besides, these benefits are not provided at all in many smaller establishments.The enabling provisions to allow working mothers to exercise work-from-home option will not be mandatory.

What are reasons behind the Maternity Benefit Amendment Bill?

• Maternal care to the Child during early childhood – crucial for growth and development of the child.
• The 44th, 45th and 46th Indian Labour Conference recommended enhancement of Maternity Benefits to 24 weeks.
•  Ministry of Women & Child Development proposed to enhance Maternity Benefit to 8 months.
• In Tripartite consultations, all stake holders, in general supported the amendment proposal.