MATERNITY LEAVE

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• The Union government has decided to grant a 60-day special maternity leave for Central government women employees in case of stillbirth or death of an infant within 28 days of birth.

Maternity (Amendment) Act 2017

• The act amended the Maternity Benefit Act, of 1961.
  • The Maternity Benefit Act, 1961 shields the employment of women during their maternity and entitles them to a 'maternity benefit.
  • The Act applied to all organisations employing 10 or more than 10 persons in Factories, Mines, plantations, Shops & Establishments, etc.
  • Organizations employing 50 or more employees are also required to provide crèche facilities.
• The 2017 Act applied to all facilities which include factories, mines, plantations, Government establishments, shops and establishments or any other establishment as may be notified by the Central Government.
• According to the provisions of the 2017 act, to be eligible for maternity benefit, a woman must have been working in an organisation for a minimum period of 80 days within the past 12 months.
• The Act has increased the duration of paid maternity leave from the existing 12 weeks to 26 weeks.
  • For Women having two or more surviving children, the duration of paid maternity leave shall be 12 weeks.
• Maternity leave of 12 weeks is to be available to mothers adopting a child below the age of three months as well as to the "commissioning mothers".
  • The commissioning mother has been defined as a biological mother who uses her egg to create an embryo planted in any other woman.
• The Act has also introduced a "work from home" option for women, after the expiry of the 26-week leave period. Depending upon the nature of work, women employees may be able to avail of this benefit on terms that are mutually agreed with the employer.
• The Act makes crèche facility mandatory for every organization employing 50 or more employees.
  • Women employees would be permitted to visit the crèche 4 times during the day (including rest intervals) and where crèche facilities are not available to women employees there should be two one-half-hour rest periods.
• The Act makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment.

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