The Maternity Benefit (Amendment) Act, 2017 Effective Date Released

Another issue I am facing currently is regarding my maternity leave. My maternity leave is scheduled to end on 25th April 2017, in accordance with the 12-week maternity leave policy. However, the new maternity leave policy states that individuals on maternity leave as of 1st April 2017 are eligible for an extended leave benefit of 26 weeks. I have already discussed this with the HR department and shared the circular issued by the labor ministry on this matter. Unfortunately, HR has informed me that the extended leave policy only applies to those on leave after 1st April 2017. I would appreciate any suggestions on how to proceed in this situation. Thank you.

Dear KirtiBeAware,

Please refer to the attachment (The Maternity Benefit (Amendment) Act, 2017 - Clarifications) shared by Mr. Korgaonkar Ji in the previous comment. The clarification point number 2 gives you the answer.

Thank you, Sir. But the employers are giving these reasons, waiting for a Government order, etc. What can a female employee do in such a case?

Hi Kirti,

All the attachments shared here are considered as Gazette Notification/ Circulars issued by the government of India and are applicable to all organizations. For claiming maternity benefits, employees have to serve notice under Section 6 of the Maternity Benefit Act, 1961, in the format as prescribed in the State Rules, along with the certificate of the doctor regarding pregnancy to their employer before going on leave. If the employer refuses to provide the extended leave for which they are eligible during maternity, they can directly approach the nearby Labor Inspector/Commissioner with all the eligibility documents, or they can inform the company HR that they are approaching the Labor Inspector/Commissioner for further help - this may help them to get the benefits as imposed in the notifications.

Crèche facility: Every establishment with more than 50 employees to provide for crèche facilities for working mothers and such mothers will be permitted to make four visits during working hours to look after and feed the child in the crèche, which shall also include the interval for rest allowed to her.
50 Employees means only female or male plus female?