The Maternity Benefit (Amendment) Act, 2017 (Act No. 6 of 2017) is a protective labor welfare Act that amends the original Maternity Benefit Act, 1961. It was enacted to strengthen protections for working women and align India's policies with global standards, such as those recommended by the International Labour Organisation (ILO). The amendment was passed by the Rajya Sabha on August 11, 2016, and received the President's assent on March 27, 2017, with its provisions coming into force on April 1, 2017.
The core mechanism of the Act is to provide full paid absence from work to eligible women employees. The most significant change was the increase in paid maternity leave from 12 weeks to 26 weeks for women having fewer than two surviving children. For women with two or more surviving children, the leave period remains 12 weeks. The Act also introduced a provision for 12 weeks of paid leave for a woman who legally adopts a child below the age of three months or is a commissioning mother.
Key provisions include the mandatory establishment of a crèche facility in every establishment employing 50 or more employees, which became effective on July 1, 2017. Furthermore, it introduced an enabling provision for work from home after the expiry of the maternity leave period, based on mutual agreement with the employer. The Act mandates that employers must inform women employees of these benefits at the time of their appointment, as per Section 11A(2). The Act applies to all establishments employing 10 or more persons. An informed reader should know that this Act is related to the Employees' State Insurance (ESI) Act, 1948, which also provides maternity benefits, and that its provisions have been consolidated under the subsequent Code on Social Security, 2020.