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Maternity Benefit Amendment Act Update

26 May 2017

Recent changes to the Maternity Leave policy in India:

  • Effective from April 1.
  • The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery.
  • The Act further requires an employer to inform a woman worker of her rights under the Act at the time of her appointment. The information must be given in writing and in electronic form (email).
  • The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks. this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed post childbirth. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).
  • Work from home: This may be exercised after the expiry of the 26 weeks' leave period depending on the nature of work. Employees may be able to avail this benefit on terms that are mutually agreed with the employer.
  • Crèche (day-care) facility: Crèche facility is mandatory for every establishment employing 50 or more employees. Employees would be permitted to visit the crèche 4 times during the day.

We, at BDO India shall keep you updated on developments.

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