The Maternity Benefit (Amendment) Bill, 2016

Amended Act

Before Amendment

Section 3

(a)   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 another woman;’.

 

Section 3

       (a) New insert

Section 5

(a)   Sub-section (3): The maximum period for which any woman shall be entitled to maternity benefit shall be twenty six weeks of which not more than eight weeks shall precede the date of her expected delivery.

 

(b)   After sub-section (3) and the before first proviso, the following proviso shall be inserted, namely-

“Provided 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;”;

 

(c)   First proviso: Provided further that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:

 

(d)   Second proviso: Provided also that where a woman, having been delivered of

a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.

 

(e)   After sub-section (3), the following sub-sections shall be inserted, namely-

 

“(4) A woman who legally adopts a child below three months of age or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the day the child is handed over to the adopting mother or the commissioning mother as the case may be”.

 

“(5) 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.”

 

Section 5

(a)   Sub section 3: The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.

 

(b)   New insert

 

 

 

 

 

 

 

 

 

(c)   First proviso: Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:

 

(d)   Second proviso: Provided further that where a woman, having been delivered of

a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.

 

(e)   New insert

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 facilities within such distance as may be prescribed, either separately or along with common facilities:

Provided the employer shall allow four visits to the crèche in a day 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 benefits available to her under the act.”

 

New insert

 

-----------------------------316181128711958--