The Maternity Benefit (Amendment) Act, 2017 is applicable
to all the establishment where there are 10 or more workers are working and the
pregnant women is entitled to avail this benefit if she worked at least 80 days
during the 12 calendar months. The benefits available under this legislation
are:
1. Under
the Maternity Benefit Amendment Act, women employee is entitled to take 26
weeks of paid leave and this benefit could be availed by women for a period
extending up to a maximum of 8 weeks before the expected delivery date and the
remaining time can be availed post childbirth.
2. For women who are expecting after
having 2 children, the duration of paid maternity leave shall be 12 weeks
(i.e., 6 weeks pre and 6 weeks post expected date of delivery).
3. Adoptive mother and commissioning
mother can avail 12 weeks of leave from the date of adoption but the child must
have the age of less than 3 months.
4. Creches facilities must be arranged
by the employer where there are 50 or more workers are working and women must
be allowed to visit at least 4 times in a day including rest intervals.
One of the criticism of this Act is
that, the employer should bear all the expenditure which may affect the hiring
of new women employees and this may also resulted in firing of women employees.
the govt should impose Peternity benefit as well because it is both mothers and fathers duty to take care of baby. So there should be separate legislation regarding Peternity benefit as well
ReplyDeleteI completely agree with you,so both parents can take responsibility equally
DeleteThe IT industry can be praised in this particular issue. Some IT companies are providing paternal leave of 15-30 days. The thinking behind this particular move is that father is equally responsible.
DeleteI do agree with it that paternity benefits should be imposed as well, certain IT companies has taken up the initiative and they do provide paternity leave for a period of 15-30 days to their employees.
Delete4weeks of flexible peternity benefit should be given.2weeks of leave to be provided if miscarriage happened to reorganise from the depression occured in family.
DeleteI completely agree. Both should get leave to take care of their child
DeleteMaternity benifit act is very much important for the women employees... Like other countries India may also reduce the maternity leave from 26 weeks to somewhere around 20 weeks because it creates a very continuous gap and some employees may misuse the same...
ReplyDeletePaternity leave should also be made compulsory so that even father can take care of his baby and wife
Yes I do agree that the government should bring in a legislation for paternal leave but the maternity leave is not reduced to 20 weeks. It's still 26 weeks.
DeleteGovernment should include some percentage of amount to the employee because the amount spent on each women employee is more it is a burden to the employer.
ReplyDeleteIt is not a burden as the employee would have given revenue to the company during her employment. Example her salary is 20,000 and she has given revenue of 7 lacs the previous month. Her benefit covers 1,20,000 only. And her resuming back to the work will again give profits/revenue to the organisation.
DeleteGovernment should certainly contribute to the benefit partially as the burden is higher on employers are really high. This can be resolved by a scheme like ESI for all levels of employees.
DeleteIn all situation government is not needed to invest, high corporate companies earn in huge counts they must be accountable for there own employees and they should take care of this employees as this employees are the sources which keep companies going on.. government has many other investment, employeers must take sole responsibility of making there employees happy and give there benefits as per the law.
DeleteI think instead of that, the government should share the expenses of the maternity benefit Act rather than the company bearing the entire expense, as done in other countries like Australia.
DeleteThe organisations have their own interests in giving such benefits as well, because women employees might tend to leave the organisation, such benefits will help the
Deleteorganisation to retain the talent. Government in the current context has many issues to address, I think organisations should take up the responsibility as they are the ones who are benefitted by their employees and vice versa.
The burden to the employers are high. Which directly impact the job opportunity to the women. It is more practical to have a system where the government provide 50% of the pay or govnmnt medical insurance in specify to maternity expenses.
DeleteYes I agree that contribution made by the government will reduce the burden on the employer. The government can contribute a certain portion of amount to every organisation rather than to the employee directly, in the end the employer can wholly pass on the amount to the employee. One condition to ensure if the employee is getting the whole from the government, the employee can be informed before hand as to how much she is entitled to receive.
DeleteMaternity Benefit is the right of each and every woman. It's very important part of employer to provide maternity benefit leave to their women employees. And in some organization they employer is not ready to hire new women employees to the work.. The reason is if they hire they have to pay maternity benefit to them. That is wrong according to law. So it's better each organization should hire women employees and provide them maternity benefits. Along with that it's better employer should provide maternity benifts.. It will become easy to women employees to take care of the child.. So it's the right of the women as well as men to take care of child..
ReplyDeleteI agree with all the points mentioned above except 3rd point, because of population we need to control it, In order to control this it can be remove from this benefits so that people will aware of the population as well as this rule. There is a chance of misuse this benefits so my suggestion is to remove this benefits for the 3rd baby.
ReplyDeleteThese benefits of 26wks r only given only for d 1st 2living babies. The 3rd child will only b given 12wks and nothing is given after that..
DeleteThere are other ways to control population. This is the right for a working women. The women has contributed for the organisation and the employer cannot deny from giving this right. By removing this act will not bring down the population. One cannot expect a women to give birth and come back to work. She needs rest as well as care for the baby. Asking to remove this legislation to control population doesn't make sense.
DeleteAccording to this act an women employee is entitled to get 26 weeks of paid leave, which would be a huge loss to the organization, it shows impact on recruiting women employees into the organization. Employer might give preference to a male candidate in order to benefit the organization.
ReplyDeleteThus the change in new amendment might show decline in employment curve.
Agreed that it is a loss for the employer. The government could've implemented a work from home criteria within the 26 weeks itself and not just afterwards.
DeleteThe maternity leave and benefits are provided to protect the dignity of motherhood by providing for the full and healthy maintenance of woman and her child when she is not working. As the number of women employees is growing in India, maternity leave and other maternity benefits are becoming increasingly common. In 1961, the Maternity Benefit Act was passed by Indian government aiming at a uniform maternity benefit all over the country with an aims to regulate the women employed in factories, shops or commercial establishments where 10 or more employees engaged.
DeleteMaternity Benefit Act is important to be given to a women employee and I alao agree with this..! In India all the expenses are taken by the employers unlike other countries like Australia where their goverment bears all the expediture and also singapore where half of the expenses are beared by the goverment.Indian goverment must contribute with the employer to avail the benefit for the women employees.As maternity Benefit Act is compulsary in India, in the same way Paternity leave should also be made compulsary so that he can take care of the baby
ReplyDeleteI think the maternity benefits given by the act are valid because after the birth of a baby, mother needs to take care of the baby and baby needs all the attention and even the mother needs to get rest aftr the delivery so this act is valid. But on the other side i even critisize the act that by giving so many benefits the employer need to bare all the costs. Which may lead to less employment for women and women may not get recruited because of the cost they have to bear and women might not even get the job in future. So i can say that benefits are needed and even it may even lead to loss of women employment.
ReplyDeleteEven I agree with this comment instead of putting the whole burden of compensation on the employee the government should contribute for the same as this will motivate the employer to hire female employees in future
DeleteThe maternity Benefit in our country is for 26 weeks and the employer has to pay for all these weeks without that employee working. This will be a huge expense for the company. In my opinion, the employer has to pay for the maternity but not to the extent of 26 weeks. Leave may be granted for so many weeks, but not the salary. This will be a huge burden on the company, especially if it is running in losses ( the employer is compelled to pay). This will lead to employees taking wrong steps like not employing much female staff and also making them resign from the work when they are pregnant, as cost cutting measure. If the amount is reduced to some extent, the employer also may be willing to follow the law.
ReplyDeleteEmployer are must to follow the law as no employer is in lose, they make there money in huge number by squishing the employees.. they must follow law and they must also understand that because of this skilled employees there companies are playing in crores, satisfied employees will help thr own company.. and this law is about maternity which is were sensitive issue which they should consider as priority issues for employees .
DeleteThere is absolutely no doubt that this act protects the rights of women employees. However, it is devastating to see that there is no legislation on paternity leave. More than laws, even the society should change its mindset and accept that even the new fathers have a role to play after the birth of a child. Although a lot of things have changed in India with regards to corporates and IT companies providing paternity leaves to their employees. It's high time for India to embrace the evolving role of new fathers in families.
ReplyDeleteIt is a great step from the side of the government to introduce the new amendment to the maternity benefits by intoducing 26 weeks as maternity leave.
ReplyDeleteI feel that government should share the the financial burden that may arise from such long leave periods.
Also the leave after delivery should be divided between mother and father since both have equal responsibility and the financial burden will also be divided in this case.
Ya...Moreover a woman has to work in an establishment for at least 80 days in the past 12 months to be eligible for maternity benefits. Payment during the leave period is based on the average daily wage for the period of actual absence.
ReplyDeleteYeah this part of law should be molded were she has to work for 12calender year for 80day there work should be calculated in hours of work if they had worked that much in span of time they r in org they must be eligible for this benefits..
DeleteYes that's true.. But as the amount paid by d employer is high, I dont think it's worth to invest on a lady who has served the organization for a lesser duration..
DeleteIn IT companies they kept paternity leave like that the educational institutions also should keep it for all employees. And it should given to the government employees also not only private employees.And the financial burden will be there for the government not for private institutions.
ReplyDeleteWork from home is aslo affordable to the employee after 26 weeks . In this women can do personal works and office works together . But in this society most of the people doing there personal works and they are not doing for the people.in that way the compensation should be given.
ReplyDelete