The Maternity Benefit

(Amendment) Act, 2017.

Prof.Pramod Pednekar
Short title and commencement.
An Act further to amend the Maternity Benefit Act,
1961.
1. (1) This Act may be called the Maternity Benefit
(Amendment) Act, 2017.
(2) It shall come into force on such date as the Central
Government may, by notification in the Official
Gazette, appoint : Provided that different dates may be
appointed for different provisions of this Act and any
reference in any such provision to the commencement
of this Act shall be construed as a reference to the
coming into force of that provision.
 Applicability
The act is applicable to organisations with over 10
employees –
including factories,
mines,
plantations,
government establishments or any other organisations
that may be notified by the central government. 
 Biological mother
2. In the Maternity Benefit Act, 1961 (hereinafter
referred to as the principal Act), in section 3, after
clause (b),
the following clause shall be inserted, namely:— ‘
(ba) “commissioning mother” means a biological
mother who uses her egg to create an embryo
implanted in any other woman;’.
 Amendment of Sec. 3
3. In the principal Act, in section 5,— (A) in sub-
section (3)— (i)
for the words ‘‘twelve weeks of which not more than
six weeks’’,
the words ‘‘twenty-six weeks of which not more than
eight weeks’’ shall be substituted;
Woman having 2 children?
(ii) after sub-section (3) and before the first proviso,
the following proviso shall be inserted, namely:— ‘
‘Provided further that the maximum period entitled to
maternity benefit by a woman having two or more
than two surviving children
shall be
twelve weeks of which not more than six weeks shall
precede the date of her expected delivery;’’;
Adoption and Maternity leave
‘‘(4) A woman who legally adopts a child
below the age of three months or
a commissioning mother shall be entitled to
maternity benefit for a period of twelve weeks
from the date the child is handed over to the adopting
mother or the commissioning mother, as the case may
be
In case where the nature of work assigned to a woman
is of such nature that
she may work from home, the employer may allow her
to do so
after availing of the maternity benefit
for such period and on such conditions as the
employer and the woman may mutually agree.’’.

Work
From
Home
 Applicability
In the principal Act, after section 11, the following
section shall be inserted, namely:—
‘‘11A. (1) Every establishment having fifty or more
employees shall have the facility of crèche within
such distance as may be prescribed, either separately
or along with common facilities :

 Applicability
 Provided that the employer shall allow four visits a
day to the crèche by the woman, which shall also
include the interval for rest allowed to her.
(2) Every establishment shall intimate in writing
and electronically
to every woman
at the time of her initial appointment
regarding every benefit available under the Act.’’.
MCQs on Maternity Benefit Act, 1961
When did Maternity Benefit Act 1961, come into
force?
12th December 1961
When did the Maternity Benefit Act , 1961 last
ammended?
2017 [27th March, 2017.]
What is the minimum number of days that a woman
should have worked in an establishment before
claiming the maternity benefit?
80 days
MCQs on Maternity Benefit Act, 1961
What is the amount of medical bonus entitled to a
woman who is also entitled to receive maternity
benefit?
Rs. 3500/- ( Earlier Rs.2500/- )
In which year did the amendment act come into
force?
2017 (Maternity Benefit Ammendment Act,2017)
Till what age of the child will a mother get 4 nursing
breaks in the course of her daily work?
15 months
MCQs on Maternity Benefit Act, 1961
How many weeks in advance a written notice for
maternity leave has to be given to the employer by the
expecting women?
7 weeks.
When employer has to provide a crèche in his
establishment ?
‘‘11A. (1) Every establishment having fifty or more
employees shall have the facility of crèche
What is the maximum period for which any woman is
entitled to maternity benefit?
26 weeks upto two Children
MCQs on Maternity Benefit Act, 1961
Whether a woman is having two children, is she entitle
benefits under the Maternity Benefits act?
Yes.
Maternity benefit for a woman having two or more
than two surviving children shall be twelve weeks of
which not more than six weeks
 The Maternity Benefit Act originally provided maternity
leave of 12 weeks.
Out of 12 weeks leave up to
six weeks leave could be claimed before delivery (Pre-
natal).

Pregnancy and
delivery
Section 5 Maternity leave is raised to 26 weeks.
The prenatal leave is also extended to eight weeks.

A woman with already two or more children is

entitled to 12 weeks’ maternity leave only. The
prenatal leave, in this case, remains at six weeks.
 The Maternity Benefit Act originally provided Every
woman entitled to maternity benefit under this Act shall
also be entitled to receive from her employer / ESIC a
medical bonus of Rs.2500/-,
if no pre-natal confinement and post-natal care
are provided by the employer free of charge.

Payment of
Medical Bonus Every woman entitled to maternity benefit under this
(Sec 8) Act and shall also be entitled to receive from the
employer a medical bonus of Rs.3500/- as per
Maternity benefit Act
&
Rs.5000/- as per ESI Act from ESIC, if no pre-
natal confinement and post-natal care are provided
by the employer/ ESIC free of charge.
Adoptive / Commissioning mother’
Commissioning and
mothers ‘Adopting mother’
(Sec 5e(4)) will get the benefit of 12 weeks
maternity leave.
 Every establishment having fifty
Creche Facility
or more women employees shall
(Sec 11A) have the facility of creche within
such distance as may be prescribed,
either separately or along with
common facilities..
 In the case where the nature of work
assigned to a woman is of such nature
Work from home that she may work from home, the
option employer may allow her to do so
Sec 5(5) after availing of the maternity benefit for
such period and on such conditions as
the employer and the woman may
mutually agree
Dismissal during
For a woman who is absent from work
Absence of in accordance with the provisions of
Pregnancy (Sec Maternity Benefit Act,
12) it is unlawful of her employer
to discharge or dismiss her during that
period of absence.