Ministry clarifies on the extension / applicability of the Maternity Benefit (Amendment) Act, 2017

Ministry clarifies on the extension / applicability of the Maternity Benefit (Amendment) Act, 2017

April 17, 2017 Compliance Blog 0

Maternity Benefir_applicability_lexplosionResponding to numerous queries on the revised provisions under the Maternity Benefit (Amendment) Act, 2017 (“Act”), the Ministry of Labour and Employment has clarified as follows:

  • The enhanced maternity benefits can be extended to women who are already under maternity leave as on 1st April, 2017.
  • Women who had already availed 12 weeks of maternity leave prior to 1st April, 2017, will not be entitled to avail the extended benefits of the 26 weeks leave.
  • Any dismissal / discharge of a women from her services by her employer during her pregnancy is unlawful and such conduct is punishable under the Act.
  • The extended benefits under the Act is applicable to all women employees working in mines, plantations, shops and establishments and factories, both the organized as well as the unorganized sectors.
  • The Act is applicable to all women who are employed in any capacity directly or through any agency i.e. either on contractual or as consultant.

Source: Ministry of Labour and Employment

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