Maternity Benefit (Amendment) Act, 2017

2017 Amendment in MBA with enhanced benefits

Nature of leave availed by claimant

As per 2017 Amendment

Pregnancy & Delivery

Leave not exceeding six weeks preceding delivery

Applicable for the first two children.

In case of a third child (Leave not exceeding six weeks preceding delivery)

Increased from twelve weeks to twenty-six weeks wherein the pre-natal leave shall not exceed more than eight weeks preceding delivery.

 

Only twelve weeks in total can be availed.

 

Miscarriage or medical termination of pregnancy

Remains the same, no changes

Can claim up to six weeks leave with maternity benefit immediately from the date of such miscarriage or termination of pregnancy as the case may be

Tubectomy Operation

Remains the same, no changes

Can claim up to two weeks of leave with maternity benefit immediately from the date of operation

Illness during pregnancy, delivery, pre-matured delivery, etc.

Remains the same, no changes

Can claim up to four weeks of leave with maternity benefit

Nursing breaks

 

Remains the same, no changes

In addition to the interval of rest allowed the claimant can take two breaks to nurse the child till the child attains the age of fifteen months

Adoptive mothers

For child below the age of three months

Can avail twelve weeks leave with benefits

Commissioning mother or surrogate mother

From the date, the child is handed over to her or otherwise as prescribed

Can avail twelve weeks leave with benefits

Creche Facility

An establishment with 30 women employee or 50 employees in general whichever is the less

Provide creche within 500 meters proximity and allow four visits during working hours

Work from home option

Can be availed after the expiry of twenty-six weeks – the employer and claimant to decide the terms mutually

Educate women employee about the benefits

Employer to mandatorily educate the women employee about the benefits available from the date of their appointment

Compliances

    Applicability

    To whom does the Act apply

    MBA is applicable to all establishments which include factories, plantations, mines belonging to Government.

    To every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.

    Any shop or establishment that falls within the purview of laws for shops and establishments in any State wherein ten or more persons are employed or were employed within the preceding twelve months.

    To women who cannot claim under ESIC for the reason of her income being above INR 3000/- per month.

    To whom the Act does not apply

    This law is not applicable to those women to which the ESIC is applicable

    References

    Bare Act

    For Karnataka Maternity Benefit (Amendment) Rules, 2019, click here. (check from page 7 of notification.)

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