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Amendment Under The Maternity Benefit Act Dated 27th March 2017. - The Maternity Benefit Act,1961

Dear All,

The Ministry of Law and Justice Amended The Maternity Benefit Act. The Act is called as “Maternity Benefit (Amendment) Act, 2017”.

The amendment has appended new provisions:

• In the Maternity Benefit Act, 1961, In Section 3, after clause (b), the following clause shall be inserted, namely (ba) “commissioning mother” means a biological mother who uses her egg to create an embryo implanted in any other woman.
• As per Section 5 (A in Sub-Section (3) for the words : twelve weeks of which not more than six weeks :words “ twenty – Six weeks of which not more than eight weeks shall be substituted.
• Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks share precede the date of her expected delivery.
• A women who legally adopts a child below the age of three month or commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother.
• In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman mutually agreed.
• Every Establishment having fifty or more employees shall have the facility of crèche, provided that employer shall allow FOUR Visits a day to the crèche by the woman.
• Every Establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding benefits available under the Act.

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