Maternity benefit period and creche
Legal Service India

File your Caveat in Supreme Court INSTANTLY

Call Ph no:+9873629841
Legal Service India.com
  • Maternity benefit period and creche

    As we know that Indian Government has been trying to encourage women and in return women have proved that they can serve everywhere emphatically whether it is house or corporate world. To protect the women and to develop women, there are various legislations in India.

    Author Name:   lexcomply


    As we know that Indian Government has been trying to encourage women and in return women have proved that they can serve everywhere emphatically whether it is house or corporate world. To protect the women and to develop women, there are various legislations in India.

    Maternity benefit period and creche's provision

    As we know that Indian Government has been trying to encourage women and in return women have proved that they can serve everywhere emphatically whether it is house or corporate world. To protect the women and to develop women, there are various legislations in India. Out of these legislations the Maternity Benefits Act, 1961 is most important Act, which takes case of the health of the working women and gives them financial assistance when they are unable to serve their organizations due to pregnancy. The said act is applicable to every establishment (whether factory or shop) where 10 or more persons (including men) are employed.

    Government has been amending this Act time to time when required, in continuation of that, Govt. has amended this Act again by notifying Maternity Benefits (Amendment) Act, 2017, which was pending since last year. However effective date of this amendment Act is yet to be notified in official gazette. The Maternity Benefits (Amendment) Act, 2017 has come up with the following changes:

    Change in Maternity Benefit Period: Earlier a woman was entitled to get wages for period of 12 weeks (of which not more than six weeks shall precede the date of her expected delivery) during her absence due to pregnancy and delivery. This period has been extended to 26 weeks and now woman is entitled to get wages for period of 26 weeks (of which not more than eight weeks shall precede the date of her expected delivery).

    Adoption of a Child: This is newly inserted provision {as sub-section (4) of section 5}. As per this provision a woman who legally adopts a child below the age of three months or a 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, as the case may be.

    Work from Home: This provision has been inserted first time {as sub-section (5) of section 5}. As per this,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 may mutually agree.

    Creche: Provisions regarding maintaining of crèche are there in two Acts (Factories Act, 1948 and Shops and Establishment Act of every State) only. This is first time when provision of maintaining of crèche has been introduced (as section 11A). As per this section every establishment having fifty or more employees shall have the facility of crèche within such distance as may be prescribed, either separately or along with common facilities.

    Insertion of Definition: Definition of “Commissioning Mother” has been inserted which means a biological mother who uses her egg to create an embryo implanted in any other woman.

    Disclaimer
    This is an effort by Lexcomply.com to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.




    ISBN No: 978-81-928510-1-3

    Author Bio:   LexComply is a one-stop compliance management solution for practicing professionals and organization. It generates and send alerts for due date based, Ongoing and Event based compliances to the concerned official proactively. It serves as centralized repository of acts, rules, forms and other allied documents to make compliance efficient. It automates reminders, status reports, updates, task and compliance proof management. It also enables professionals to conduct Audit, Research,Due Diligence, Compliance Training and give opinion.
    Email:   amit.pandey@rsj.co.in
    Website:   https://lexcomply.com


    Views:  2330
    Comments  :  

    How To Submit Your Article:

    Follow the Procedure Below To Submit Your Articles

    Submit your Article by using our online form Click here
    Note* we only accept Original Articles, we will not accept Articles Already Published in other websites.
    For Further Details Contact: editor@legalserviceindia.com



    File Your Copyright - Right Now!

    Copyright Registration
    Online Copyright Registration in India
    Call us at: 9891244487 / or email at: admin@legalserviceindia.com

    File Divorce in Delhi - Right Now!

    File Your Mutual Divorce -
    Call us Right Now at: 9650499965 / or email at: tapsash@gmail.com