Maternity leave: govt. for incentive scheme

• In a bid to encourage employers, especially in the private sector, to implement the extended 26-week maternity leave law, the Labour Ministry is planning to refund them for seven weeks’ worth of wages for women workers with a wage ceiling up to ? 15,000 per month.
• The Ministry is in the process of getting budgetary approvals for the ?400 crore incentive scheme.
• In March 2017, the Centre amended the Maternity Benefit Act to increase paid maternity leave from 12 to 26 weeks for all women employees in establishments employing ten or more people. However, while implementation of the provision was good in the public sector, it was poor for those with private sector or contract jobs.
• There is also a wide perception that private entities are not encouraging women employees because if they are employed, they may have to provide maternity benefit to them, particularly 26 weeks of paid holiday. Therefore, the extended maternity leave has become a deterrent for female employees who are asked to quit or retrenched on flimsy grounds before they go on maternity leave.

About maternity Benefit Act:

• The Maternity Benefit (Amendment) Act 2017 has increased the duration of paid maternity leave available for women employees to 26 weeks from 12 weeks. However for those women who are expecting after having 2 children, the duration of the leave remains unaltered at 12 weeks.
• The paid maternity leave can be availed 8 weeks before the expected date of delivery. Before the amendment, it was 6 weeks.
• The Maternity Benefit (Amendment) Act 2017 has extended the benefits applicable to the adoptive and commissioning mothers and provides that woman who adopts a child will be given 12 weeks of maternity leave from the date of adoption.
• The Act has introduced an enabling provision relating to “work from home” that can be exercised after the expiry of 26 weeks’ leave period. Depending upon the nature of work, a woman can avail of this provision on such terms that are mutually agreed with the employer.
• The amended Act has mandated crèche facility for every establishment employing 50 or more employees. The women employees should be permitted to visit the facility 4 times during the day.
• The amended act makes it compulsory for the employers to educate women about the maternity benefits available to them at the time of their appointment.
• The act is applicable to all those women employed in factories, mines and shops or commercial establishments employing 10 or more employees.

By: Vishal