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The following amendments to the Maternity Benefit Act, 1961, by virtue of the Maternity Benefit (Amendment) Act, 2017, have come into force with effect from April 1, 2017:
- The maximum period for which a woman employee is entitled to payment of maternity benefit is now increased to 26 weeks (instead of the earlier 12 weeks). Further, not more than 8 weeks will precede the date of expected delivery (instead of the earlier 6 weeks). However, such extended benefit will only be given to a woman employee for her first two deliveries. A woman employee having two or more surviving children would be entitled to maternity benefit as per the earlier provisions, that is, a maximum period of 12 weeks of which not more than 6 weeks will precede the date of her expected delivery.
- With effect from July 1, 2017, after availing of maternity benefit as aforesaid, if the nature of the work allows a woman employee to work from home, the employer may allow her to work from home on mutually agreed conditions.
- A woman who legally adopts a child below the age of 3 months or a biological mother who uses her egg to create an embryo implanted in any other woman (known as the 'commissioning mother'), will be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mother or the 'commissioning mother'.
- Establishments to which the Maternity Benefit Act applies, and having 50 or more employees, are now required to have the facility of crèche within a prescribed distance, either separately or along with common facilities. A woman employee will be allowed 4 visits a day to the crèche.
- An establishment is required to inform every woman employee at the time of her initial appointment of every benefit available to hear under the Maternity Benefit Act
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