Previous Year Question
Which of the following statements is/are correct regarding the Maternity Benefit (Amendment) Act, 2017?
Pregnant women are entitled for three months pre-delivery and three months post-delivery paid leave.
Enterprises with creches must allow the mother minimum six creche visits daily.
Women with two children get reduced entitlements.
Select the correct answer using the code given below:
1 and 2
2 only
3 only
1, 2 and 3
Correct Answer: C
Detailed Solution
Statement 1 is incorrect. The Maternity Benefit (Amendment) Act, 2017 increased maternity benefit from 12 weeks to 26 weeks for a woman having fewer than two surviving children. A maximum of eight weeks out of these 26 weeks may be taken before the expected date of delivery. The Act does not prescribe an equal division of three months before and three months after delivery.
Statement 2 is incorrect. An establishment employing 50 or more employees is required to provide a creche facility within the prescribed distance. The employer must allow the woman employee four visits to the creche every day, including her rest interval. The statement incorrectly mentions six visits.
Statement 3 is correct. A woman having two or more surviving children is entitled to 12 weeks of maternity benefit instead of 26 weeks. A maximum of six weeks may be taken before the expected date of delivery. Thus, the duration of maternity benefit is reduced after two surviving children.
Other important provisions introduced by the amendment include:
A woman who legally adopts a child below the age of three months is entitled to 12 weeks of maternity benefit from the date the child is handed over to her.
A commissioning mother, meaning a biological mother whose embryo is implanted in another woman, is also entitled to 12 weeks of benefit from the date the child is handed over.
Where the nature of work permits, the employer and the woman may mutually agree on a work-from-home arrangement after the maternity leave period.
The employer must inform a woman about available maternity benefits, in writing and electronically, at the time of her initial appointment.
The Act generally applies to factories, mines, plantations, shops and establishments employing ten or more persons.