• Effective date of New Maternity Benefits amendment act 2017

My wife is working in a pvt IT company in Bangalore. She has started her maternity leave on April 18th, 2017. How ever her company is taking a stand that they will implement the whole new Maternity benefits amendments from July 1st on wards, including new 26 weeks paid maternity leave.
Company HR has also cited that Karnataka government has not passed any law regarding the new Maternity benefits, hence delaying the implementation of bill. 

Please clarify the following 
1. Do state government has to pass a bill/law for the new maternity benefits to come into effect
2. What is the existing maternity leave policy in Karnataka in 2017.
Asked 8 years ago in Business Law

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2 Answers

The Ministry of Labour and Employment, Government of India ("Ministry of Labour") vide Official Gazette notification dated 31 March 2017 has appointed 1 April 2017 as the date on which the Maternity Benefit (Amendment) Act 2017 ("MB Amendment Act") has come into force

2) All establishments covered under the MB Amendment Act would be required to amend their existing maternity benefit policies in accordance with the MB Amendment Act with effect from 1 April 2017.

3) Those who will be delivering after 1 Apr 2017 are entitled to 26 weeks maternity leave.

4) the State Government may, with the approval of the

Central Government, after giving not less than two months' notice of

its intention of so doing, by notification in the Official Gazette,

declare that all or any of the provisions of this Act shall apply also

to any other establishment or class of establishments, industrial,

commercial, agricultural or otherwise.

5) local lawyer can guide you as to maternity leave policy in Karnataka

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The Ministry of Labour and Employment, Government of India ("Ministry of Labour") vide Official Gazette notification dated 31 March 2017 has appointed 1 April 2017 as the date on which the Maternity Benefit (Amendment) Act 2017 ("MB Amendment Act") has come into force. However, the relevant provision on the "work from home" option will come into effect from 1 July 2017.

The MB Amendment Act has come into force from 1 April 2017. All establishments covered under the MB Amendment Act would be required to amend their existing maternity benefit policies in accordance with the MB Amendment Act with effect from 1 April 2017.

The new law will apply to all establishments employing 10 or more people and the entitlement will be for only up to first two children.

As per rule 135(1) of the Karnataka Civil Service Rules, the period of maternity leave to be sanctioned to the female Government servant is increased from 135 days to 180 days with effect from 01.04.2012 subject to the conditions stipulated there under.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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