Maternity Benefit (Amendment) Act, 2017

Emblem of India

Maternity Benefit (Amendment) Act, 2017 is a significant piece of legislation passed by the Parliament of India to enhance the maternity benefits provided to women employed in various sectors. This act amends the Maternity Benefit Act, 1961, aiming to make the workplace more inclusive for women and encourage them to continue their careers after childbirth. The amendment came into effect on April 1, 2017, marking a pivotal shift towards gender equality and the empowerment of women in the workforce.

Overview

The Maternity Benefit (Amendment) Act, 2017, introduces several key changes to the existing maternity benefit norms. The primary objective is to provide better health and welfare measures for women employees during their maternity period. The amendments include an increase in the duration of paid maternity leave, provision for work-from-home options, mandatory crèche facilities, and the introduction of maternity leave for adopting and commissioning mothers.

Key Amendments

• Increase in Paid Maternity Leave: One of the most significant changes is the increase in paid maternity leave from 12 weeks to 26 weeks for women with fewer than two surviving children. For mothers with two or more children, the duration remains 12 weeks.
• Maternity Leave for Adopting and Commissioning Mothers: The act introduces a 12-week maternity leave for women who legally adopt a child below the age of three months and for commissioning mothers (in a surrogacy arrangement).
• Work-from-Home Provision: Post the maternity leave period, employers may allow women to work from home if the job profile permits, on mutually agreeable terms.
• Crèche Facilities: Establishments employing 50 or more employees must have crèche facilities either separately or along with common facilities. Women employees are entitled to four visits to the crèche daily, which includes the interval for rest allowed to them.
• Informing Women Employees: Employers are required to inform every woman at the time of her appointment regarding every benefit available under the act.

Impact

The Maternity Benefit (Amendment) Act, 2017, has been hailed as a progressive step towards supporting working mothers. It not only aids in ensuring the health and safety of the mother and child during the postnatal period but also encourages women to remain part of the workforce. Additionally, by including adoptive and commissioning mothers, the act acknowledges diverse motherhood experiences and promotes inclusivity.

Challenges and Criticisms

While the act is a landmark in terms of women's rights in the workplace, it has faced criticism for potentially discouraging employers from hiring women, due to increased financial and operational burdens. Small and medium enterprises, in particular, may find it challenging to comply with the crèche facility requirement. There are also concerns that the act does not cover informal sector workers, who constitute a large portion of the female workforce in India.

Conclusion

The Maternity Benefit (Amendment) Act, 2017, represents a significant step forward in India's commitment to gender equality and the empowerment of women. By providing enhanced maternity benefits, the act aims to reduce the gender gap in the workforce and support women in balancing their career and motherhood. However, for its benefits to be fully realized, it is crucial to address the challenges and ensure its inclusive implementation across all sectors.