The Maternity Benefit (Amendment) Act, 2017 is a significant piece of legislation in India that amended the original Maternity Benefit Act of 1961. The amendment was introduced to enhance the rights and protections for working women, particularly in the context of maternity leave, adoption, and workplace facilities. The Act received the President's assent on March 27, 2017, and its provisions came into force in phases, with most becoming effective from April 1, 2017, and certain sections like the crèche facility from July 1, 2017.
Extension of Maternity Leave:
The most notable change was the increase in paid maternity leave from 12 weeks to 26 weeks. This extension applies only to the first two children; for the third child and beyond, the leave remains at 12 weeks.
The amendment also stipulates that not more than 8 weeks of the 26-week leave can be availed before the expected delivery date, ensuring adequate post-delivery recovery time.
Inclusion of Adoptive and Commissioning Mothers:
The Act introduced provisions for adoptive mothers, granting 12 weeks of maternity leave from the date the child (below three months) is handed over to them.
A "commissioning mother" (a biological mother using her egg to create an embryo implanted in another woman) is also entitled to 12 weeks of leave, recognizing the needs of surrogacy arrangements.
Work-from-Home Option:
Employers may allow women to work from home after the maternity leave period, depending on the nature of the job and mutual agreement. This provision acknowledges the challenges of balancing work and childcare.
Crèche Facility:
Establishments with 50 or more employees are mandated to provide crèche facilities within prescribed distances. Women are allowed four daily visits to the crèche, including during rest intervals.
Employers must also inform women employees about their rights under the Act at the time of appointment.
The original Maternity Benefit Act of 1961 was enacted to regulate the employment of women during pregnancy and provide maternity benefits. However, over time, societal changes, such as increasing female workforce participation and evolving family structures (e.g., surrogacy and adoption), necessitated updates to the law. The 2017 amendment aimed to:
Align India's maternity benefits with global standards (e.g., the International Labour Organization's recommendations).
Promote gender equality by reducing workplace discrimination against women.
Address modern reproductive choices (e.g., surrogacy) and adoption rights.
Improve work-life balance for working mothers through crèche facilities and flexible work options.
The amendment marked a progressive step toward supporting working women in India, ensuring better health outcomes for mothers and children, and encouraging higher female labor force participation. However, challenges remain in implementation, particularly for small and informal sector employers, highlighting the need for continued awareness and enforcement.