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Maternity leave in India has now been changed from 12 weeks to 26 weeks

The Maternity Benefit (Amendment) Act, 2017, brings out the various amendments made to the Maternity Benefit Act, 1961. Following are the amendments or inclusions made:

  • The duration of maternity leave has now been changed from twelve weeks to twenty six weeks.

  • A woman with two or more surviving children, shall be entitled to a maximum of twelve weeks of maternity period. Of this twelve weeks, not more than six weeks shall precede the date of her expected delivery.

  • A woman who legally adopts a child below the age of three month or a commissioning mother, shall be entitled to a maximum of twelve weeks of maternity period. This period shall be calculated from the date the child is handed over to the adopting or commissioning mother.

  • If the nature of work that a woman is involved in, permits her to work from home, then

    • Employer may allow her to do so after availing of the maternity benefit, and

    • After both the employer and the woman mutually agrees on the condition.

  • Every establishment having fifty or more employees shall have the facility of créche within such distance as may be prescribed, either separately or along with common facilities. A woman can make four visits to the creche as allowed by the employer. This may also include the interval for rest allowed to her.

  • Establishments must intimate every women employee, both in writing and in electronic format, about every benefit available under this Act.

           For more details, view the official notification here


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