The Government has notified the Maternity Benefit (Amendment) Act, 2017 on 28th March, 2017 and the provisions of the Amendment Act have come into force with effect from 1st April, 2017, except those relating to crèche facility [Section 4(1)] which would come into force from 01.07.2017. Keeping in view queries received from various quarters, the Ministry of Labour & Employment, on 12.04.2017, had issued certain clarifications on various provisions of Maternity Benefit (Amendment) Act, 2017. One of the clarifications issued by the Ministry stated that the enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) Bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act.
Having received further queries and to remove doubts, it is further clarified that it is mandatory on the part of employers to extend the benefit of enhanced maternity leave to those women workers who were already on maternity leave on the date of enforcement of the Maternity Benefit (Amendment) Act, 2017 i.e. as on 01.04.2017.
Ministry of Labour & Employment
Hi Saba,
Thanks for the information, it’s a real fruitful information. Could you please share the Maternity Benefit (Amendment) Act, 2016 link or reference document. Where we can go back and refer the act details it is applicable retrospectively or not.
Maternity benefits can be availed by the women who are already under maternity leave at the time of enforcement of the Act.
We checked with the company lawyer, they have informed that the law is not applicable from the retrospective date. So maternity benefits will not be applicable for the women who are on maternity leave prior to the act amendment.
Looking forward for your response!