The document summarizes key amendments made to the Maternity Act in India in 2017. It notes that the amendments increase paid maternity leave to 26 weeks from 12 weeks previously. It also provides work from home options after the 26 weeks and mandates crèche facilities for establishments with more than 50 employees. The amendments provide increased benefits to women based on the number of children they have, including 12 or 26 weeks of paid leave. They also extend the same benefits to adoptive or commissioning mothers. The document outlines cash and non-cash maternity benefits provided and some criticisms of placing the financial burden solely on employers.

2. Key Amendments of
Maternity act – 2017
1. Increases count of paid leaves.
2. Work From home facility.
3. Cruches facility.
4. Maternity benefits(Cash and non-
cash).
5. Eligibility As per the Act, to be
eligible for maternity benefit, a
woman must have been working
as an employee in an
establishment for a period of at
least 80 days within the past 12
months.

3. Maternity act before
amendments
1.Count of paid leaves
was allowed for 12
weeks which means 3
month / 84 Days.

4. Amendments are defined
as per below criteria -
1. Women who are expecting
before 2 children.
2. Women who are expecting
after 2 children.

5. WOMAN WHO ARE EXPECTING
BEFORE 2 CHILDREN
1. Woman having their first
or second child can avail
26 weeks leave provision.
2. They may also can avail up
to 8 weeks leave before
the expected delivery date
and rest after the delivery.

6. WOMEN EXPECTING
AFTER 2 CHILDREN
• 1. Women who are expecting after two
children can avail 12 weeks of maternity
paid leaves.
• Up to 6 month before expected delivery
date.
• Rest or remaining can be availed once
after the delivery date.

7. Maternity leaves for Adoptive
and Commissioning mothers .
• Maternity leave of a mother adopting
a child :- Mother having adoptive child
and the age of child 3 month of less, are
allow to avail 12 weeks leave form the
date of adoption.
• Maternity leave for Commissioning
and biological mother :- The
commissioning mother defined as
biological mother who use her egg to
create an embryo implanted in any
other woman, are allow to avail 12
weeks paid leaves.

8. WORM FROM HOME
OPTIONS
The maternity ACT – the maternity benefits
amendments act benefits amendments act has
also introducing and enabling provision relating
to “WORK FROM HOME "for woman.
• This comes in exercised once after the expiry
of the 26 weeks paid leaves.
• Depending upon the nature of work, woman
employee may have able to avail this benefit.
• on the mutually decided by the employer also.

9. Crutches Facility – As per act
The Maternity benefit amendments act makes
cruches facility mandatory for every
establishment having count of 50 or more
employees in which –
• Women employees would be able to visit
cruches 4 time during a day. Including two-
time rest in a day.
• The maternity benefit amendment acts make
it mendatory for all the employers to make
women educate about the benefits of ACT at
the time of appointments.

10. MATERNITY
BENEFITS

11. CASH BENEFITS
• Cash benefits – Paid leaves for 26 weeks (up to 8 weeks before expected date of delivery
and 18 weeks post delivery).
• A medical bonus of Rs. 3,500.00 (minimum amount).
• In case of miscarriage : - leave available for 8 weeks ( immediately after the date of
miscarriage)
• An additional leave with pay up to one month with the proof of illness.
• Tubectomy operation : - Leave with wages for a period of 2 weeks.

12. CASHLESS BENEFITS
• No discharge or dismissal when on maternity leaves.
• Light work before 10 weeks of delivery date.
• No charges to be made on her in any of the conditions on her job while one maternity leaves.
• Two nursing breaks until the child becomes 15 MO.
• No deductions from the normal and usual daily wages of a woman employee entitled to
maternity benefits under the provision of this ACT.
• NOTE :- In the case if woman dies during the period, the maternity benefits shall be payable
only for the days up to and including the day of her death.

13. Criticism-
1. Gender discrimination against women having childbearing age.
Policy design is important and making such leave an employer mandate, as in India, ensures employers will discriminate
against women of childbearing age. Additional requirements like creche facilities require more capital and operating
expenditure. It won’t come as a surprise that some companies in India might shy away from hiring young women. When
they do, the women might face a reduction in compensation as firms compensate for higher lifetime costs.
2. Types of burden on the employer:
Employers have to bear the entire cost of providing leave to employees—in terms of both continued pay while on leave,
as well as the indirect cost of having to get the work done by employing other workers to finish the work of the absent
employee. Also, it increases the cost of temporary training provided to the employee which is employed on behalf of the
absent employee.
3. Women will lose their jobs:
Regarding how the bulk of employment is in the informal sector, Team-lease estimates, that 11-18 Lakh jobs for women
will be lost because of the implementation of the Act, over the first four years.[8]
4. Financial burden only on employer:
In most countries, the cost of maternity leave is shared by the government, employer, insurance agency and other social
security programs. In Singapore, for example, the employer bears the cost for 8 weeks and public funds for 8 weeks. In
Australia and Canada, public funds bear the full cost. A social insurance scheme bears the cost in France. In Brazil, it
shared by the employer, employee and the government

14. 1. In January -2019 the proposal has been made to govt/ finance ministry to pay
half-half amount during the maternity 26 weeks so employer not to bear
burden.
Link -https://economictimes.indiatimes.com/news/politics-and-nation/govt-to-
pay-half-of-extended-maternity-leave-benefit/articleshow/67767241.cms
But above said amendment ye to approve by Ministry of finance.

15. Thanks you
- Manisha Chauhan