The Maternity Benefit Act came into force on 1st April 2017 but the provisions relating to permission to work from home Sec 3(5) of the Act will come into effect from 1st July 2017. The President assented to the Act on 27th March 2017. The Act is a safeguard for the employment of women entitling them to a fully remunerated absence from work during the time of maternity to take care of her child. The Act applies to all establishments employing 10 or more people. The Amendment is quite significant as it is estimated to benefit 1.8 million women workforce in organized sector across the country. Important Amendments to the Maternity Benefit Act 1961 were:
- Increase in the duration of the maternity leave to a woman employee from 12 weeks to 26 weeks. This revision is confined to women who have not more than two children.
- The Amendment defines ‘Commissioning mother’ and ‘Adoptive mother’ and a maternity leave of twelve weeks has been provided for them. The leave is to be calculated from the date the child is handed over to an adoptive or a commissioning mother.
- Facilitation of ‘work from home’. It can be availed after the completion of the period of 26 weeks for a duration as mutually agreed between the employee and the employer.
- Availability of Creche facilities for women working in establishments with 50 or more employees. The crèche has to be within a stipulated distance from the workplace.
- A woman employee is given the right to know. The establishment is obligated to make aware a woman employee about the maternity benefits available to her at the time of employment.