Posts Tagged ‘Maternity Leave’

GDS: Maximum 5 Days Emergency Leave for Gramin Dak Sevaks

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Five Days Emergency Leave to GDS

5 Days Emergency Leave for Gramin Dak Sevaks

GDS: Maximum 5 Days Emergency Leave for Gramin Dak Sevaks

Department of Posts (Ministry of Communications) notified on 3rd January 2019 regarding the ‘Emergency Leave for a maximum of Five Days in a calendar year for all categories of Gramin Dak Sevkas (GDS).

Earlier, the Central Government approved and implemented the recommendations of Kamlesh Chandra Committee report to GDS Employees. Now, Central has decided to sanction the Emergency Leave to GDS Employees recommended by the Kamlesh Chandra Committee.

Consolidated instructions provided in the office memorandum and the benefit effective from 1.1.2019.

The Kamlesh Chandra Committee has recommended on Leave as follows…

  • Provision of 26 weeks of Maternity Leave for women GDS has been recommended.
  • The wages for the entire period of Maternity Leave is recommended to be paid from salary head from where wages of GDSs are paid.
  • The Committee has also recommended one week of paternity leave.
  • Leave accumulation and encashment facility up to 180 days has been introduced

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Be the first to comment - What do you think?  Posted by admin - January 3, 2019 at 5:31 pm

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Maternity Leave Incentive Scheme – Clarification by Ministry of Labour & Employment

Maternity Leave Incentive Scheme – Clarification by Ministry of Labour & Employment

Ministry of Labour & Employment
Clarification regarding Maternity Leave Incentive Scheme

16 NOV

In a section of media, there have been some reports about Maternity Leave Incentive Scheme. In this regard, the Ministry of Labour & Employment has clarified the following:-

Background-

(i) The Maternity Benefit Act, 1961 applies to establishments employing 10 or more than 10 persons in Factories, Mines, Plantation, Shops & Establishments and other entities. The main purpose of this Act is to regulate the employment of women in certain establishments for certain period before and after child birth and to provide maternity benefit and certain other benefits. The Act was amended through the Maternity Benefit (Amendment) Act, 2017 which, inter alia, has increased the paid maternity leave to women employees from 12 weeks to 26 weeks.

(ii) While the implementation of the provision is good in Public Sector, there are reports that it is not good in Private Sector and in 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. In addition, the Ministry of Labour Employment is also getting complaints from various quarters that when the employers come to know that their women employee is in the family way or applies for maternity leave, the contracts are terminated on some flimsy grounds. There have been several representations before the Labour Ministry on how 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.

(iii) Therefore, the Ministry of Labour & Employment is working on an incentive scheme wherein 7 weeks’ wages would be reimbursed to employers who employ women workers with wage ceiling upto Rs. 15000/- and provide the maternity benefit of 26 weeks paid leave, subject to certain conditions. It is estimated that approximately an amount of Rs. 400 crores would be the financial implication for Government of India, Ministry of Labour & Employment for implementing the proposed incentive scheme.

Major Impact:

The proposed Scheme, if approved and implemented shall ensure the women in this country an equal access to employment and other approved benefits alongwith adequate safety and secure environment. Also, the women shall continue to bear the major share of household work as well as child care. The work places will be more and more responsive to the family needs of the working women.

Current Stage of the Proposal:

There are some media reports that this Scheme has been approved/notified. However, it is clarified that Ministry of Labour & Employment is in the process of obtaining necessary budgetary grant and approvals of Competent Authorities. The reports that it will be funded from Labour Welfare Cess, is also incorrect, as no such cess exists under this Ministry.

Source: PIB

Be the first to comment - What do you think?  Posted by admin - November 22, 2018 at 4:06 pm

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Government to refund employers for seven weeks of maternity leave given to employees: WCD

Government to refund employers for seven weeks of maternity leave given to employees: WCD

CRE-23/1/2018 – Creche- Part(2)
Government of India
Ministry of Women and Child Development

Shastri Bhawan, New Delhi
Dated: 2nd November, 2018

Office Memorandum

Subject: National Minimum Guidelines for setting up and running creches under Maternity Benefit Act, 2017 – Forwarding of

The undersigned is directed to refer to the subject mentioned above & to say that the Ministry of Labour & Employment has notified the Maternity Benefit (Amendment) Act, 2017 mandating that “every establishment having fifty or more employees shall have the facility of creche within such distance as may be prescribed, either separately or along with common facilities”,

2. In this regard, to enable and facilitate the employer for establishing and managing the creche facility, the Ministry of Women & Child Development has formulated the National Minimum Guidelines for Setting Up and Running Creches under Maternity Benefit Act 2017 (copy enclosed).

3. It is requested to circulate the said guidelines to each and every employer/ institution covered under the Maternity Benefit Act thereby empowering them with the requisite know how to set up modeling the  facilities with adequate provisions. A copy of the said guidelines can also be downloaded from the Ministry’s website – www.wcd.nic.in.

Source: www.wcd.nic.in

Be the first to comment - What do you think?  Posted by admin - November 16, 2018 at 3:31 pm

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National Minimum Guidelines for setting up and running creches under Maternity Benefit Act, 2017

National Minimum Guidelines for setting up and running creches under Maternity Benefit Act, 2017

Government to refund employers for seven weeks of maternity leave given to employees: WCD

The government will give employers the salaries for seven of the 26 weeks of maternity leave for women earning more than Rs 15,000 a month, the Women and Child Development ministry announced on Thursday.

The announcement, which covers the government as well as the private sector, comes in the wake of complaints that many companies were reluctant hire pregnant women after maternity leave was extended from 12 to 26 weeks and some were even firing women employees.

WCD Secretary Rakesh Srivastava said it has been decided to utilise the funds lying in the labour welfare cess to pay the employers.

“The utilisation of the labour welfare cess lying with the state governments has been very less. After talks with the Labour Ministry it has been decided that the seven of the 26 weeks of maternity leave for all women employees in the private and government sector getting more than Rs 15,000 a month would be paid from that fund,” Srivastava told reporters here.

The labour welfare cess has been given to state governments to ensure the welfare of workers.

Maternity leave was extended from 12 weeks to 26 weeks last year.

According to Srivastava, there were complaints from women that they were getting fired from their jobs due to the increased duration of maternity leave.

“The government has now decided that out of the 14 extra weeks, half of the amount of salary paid to the pregnant woman would be refunded to the employer from the funds of the labour welfare cess,” he said.

Till March 2017, there was Rs 32,632 crore in the fund. Of this, just Rs 7,500 crore has been utilised, he said.

“We would be refunding the salary of seven weeks to the employer so women do not face problems upon returning to work,” he said.

“The labour minister has agreed to the proposal and we are now carrying it forward. There will soon be a notification from the Labour Ministry with further details,” he added.

Source: wcd.nic.in

Be the first to comment - What do you think?  Posted by admin - November 15, 2018 at 9:28 pm

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Withdrawal of Financial assistance for maternity grant to Female GDS on introduction Maternity leave in the Department of Posts

Withdrawal of Financial assistance for maternity grant to Female GDS on introduction Maternity leave in the Department of Posts
maternity grant to Female GDS on introduction Maternity leave in the Department of Posts

File No.15-1/2016-WL&Sp
Government of India
Ministry of Communications
Department of Posts
(Welfare & Sports Section)

Dak Bhawan, Sansad Marg,
New Delhi – 110 001.
Dated: 29.08.2018

To
All Heads of Circle

Subject: Withdrawal of Financial assistance for maternity grant to Female GDS on introduction Maternity leave in the Department of Posts.

On the above subject, it is intimated that as per O.M. No.17-31/2016-GDS dated 27.06.2018, Establishment Division introduce new scheme related to Maternity Leave for female GDSs wherein it is clearly mentioned that above O.M will supersede all earlier orders in respect of Maternity leave for female GDSs.

2. Hence, it is informed that O>M. No.17-31/2016-GDS dated 27.06.2018 will be followed from 01.07.2018, no further clarification w.r.t. above O.M. will be issued from Welfare and sports section’s end, further communication in this regard may be take up with Establishment Division.

Your’s faithfully
(Daisy Barla)
Director (W&S)

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Alternative Arrangement in Place of Employees on Child Care Leave

Alternative Arrangement in Place of Employees on Child Care Leave

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO: 3587
ANSWERED ON: 08.08.2018

Alternative Arrangement in Place of Employees on Child Care Leave

NAGARAJAN P.  Will the Minister of
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Union Government is aware of the fact that the office work is being totally disrupted due to absence of women employees on account of the long paid maternity leave and child care leave;

(b) if so, the details thereof;

(c) whether the Government has calculated days and assessed working during maternity/child care leave for making provisions of staff to overcome the shortage or cope up with the work in the absence of women employees who are on maternity and child care leave;
(d) if so, the details thereof; and

(e) if not, the reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) to (e) : Disruption in the office work due to absence of women employees on account of the long paid Maternity Leave and Child Care Leave has not come to the notice of the Government. Ministries/Departments are authorized to make suitable leave arrangements to cope up the loss of work hours when an employee proceeds on any kind of leave including Maternity and Child Care Leave. There is also provision for creation of leave reserve posts to cover the leave vacancies. No centralized data is maintained in this regard.

Source : LokSabha

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Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts

Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts

Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts

No. 17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
Establishment Division

Dak Bhawan, Sansad Marg,
New Delhi – 110001.
Dated: the 27th June, 2018

Office Memorandum

Subject: Introduction of Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts.

The undersigned is directed to convey the approval of the Competent Authority for introduction of the Maternity Leave for the female Gramin Dak Sevaks (Female GDSs) in Department of Posts.

2. This OM will supersede all earlier orders in respect of Maternity Leave for female Gramin Dak Sevaks (Female GDS).

3. Introduction of Maternity Leave for female GDS.

i. Female Gramin Dak Sevaks (Female GDSs) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.

ii. During such period, she shall be paid TRCA drawn plus Dearness Allowance immediately before proceeding on leave.

iii. Maternity leave not exceeding 45 days may also be granted to female Gramin Dak Sevaks (irrespective of the number of surviving children) during the entire service of that female GDSs in case of miscarriage including abortion on production of medical certificate issued by a Government Medical Practitioner.

iv. Maternity leave may be combined with paid leave. Maternity leave shall not be debited against the paid leave account.

 

4. This OM will take effect from 01.07.2018.

5. This issues in consultation with Department of Personnel and Training vide their ID No. 14029/1/2017-Estt (L) dated 01.01.2018.

Sd/-
(S. V. Rao)
Director (Estt.)

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Ration Money Allowance during leave other than LAP

Ration Money Allowance during leave other than LAP : Railway

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 88 /2018

New Delhi, dated: 14.06.2018

No. E(P&A)I-2005/ALL/RPF-2

The General Managers and Principal Financial Advisers,
All Indian Railways and Production Units.

Sub: Ration Money Allowance during leave other than LAP.

Integral Coach Factory, Chennai had sought clarification, whether RPF staff are eligible for payment of Ration Money Allowance during their leave period other than Leave on Average Pay (LAP), i.e. Commuted Leave, Maternity Leave & Paternity Leave.

2. The matter has been examined in Board’s Office in consultation with Ministry of Home Affairs. It is clarified that no Ration Money Allowance is admissible to RPF personnel during Commuted Leave, Maternity Leave and Paternity Leave.

3. The other terms and conditions as stipulated in para 4 of Board’s letter of even number dated 10.06.2009 remain unchanged.

4. This disposes off Integral Coach Factory’s letter No. PB/CBS/RB dated 11.12.2017.

5. Please acknowledge receipt.

S/d,
(N P Singh)
Jt. Directorate/E(P&A),
Railway Board.

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Gratuity Ceiling Amendment – Gratuity Payment, Date and Maternity Leave

Gratuity Ceiling Amendment – Gratuity Payment, Date and Maternity Leave

Gratuity Ceiling Amendment Notifications issued by Government of India regarding Upper limit of Gratuity Payment, Date on which come into force and Maximum Period of Maternity Leave…

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1419(E).— In exercise of the powers conferred by sub-section (2) of section 1 of the Payment of Gratuity (Amendment) Act, 2018 (12 of 2018), the Central Government hereby appoints the 29th day of March, 2018 as the date on which the said Act shall come into force.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1420 (E).—In exercise of the powers conferred by sub-section (3) of section 4 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies that the amount of gratuity payable to an employee under the said Act shall not exceed twenty lakh rupees.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1421 (E).—In exercise of the powers conferred by clause (iv) of the Explanation to sub-section (2) of section 2A of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies for the purposes of the said clause that the total period of maternity leave in the case of a female employee shall not exceed twenty-six weeks.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

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Maternity Benefit (Amendment) Act

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO: 3884
ANSWERED ON: 19.03.2018

Maternity Benefit (Amendment) Act

RAJENDRA AGRAWAL

MALLIKARJUN KHARGE

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-

(a)whether majority of the women in the country are not able to avail maternity leave under the Maternity Benefits Act, 2017 due to their working in the unorganized sector and if so, the details thereof;

(b)whether the Government is considering any proposal to include women working in the unorganized sector to enable them to avail the benefits under the Act, and if so, the details thereof;

(c)whether the Government is anticipating decline in rate of labour force participation of female population due to discriminatory hiring practices by the employers in order to prevent maternity benefits available under the said Act; and

(d)if so, the details thereof along with the corrective steps taken/proposed to be taken by the Government in this regard?

ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

(a) & (b): No, Madam. Maternity Benefit Act, 1961 is applicable to establishments employing 10 or more women irrespective of whether it is organised or unorganised sector.

(c) & (d): No, Madam. The Government is of the opinion that with enforcement of the Maternity Benefit (Amendment) Act, 2017, more and more women workers would be inclined to seek employment which will lead to increase in women labour participation rate. There are stringent provisions under the Maternity Benefit Act, 1961 for prevention of discriminatory practices against women work force.

Source: Lok Sabha

Be the first to comment - What do you think?  Posted by admin - March 23, 2018 at 10:11 pm

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Central Government Approves Maternity Leave For Employees Opting For Surrogacy

Central Government Approves Maternity Leave For Employees Opting For Surrogacy

The ministry has written to all central government departments about a 2015 Delhi High Court order on this issue.

Central government’s women employees, whose children are born through surrogacy, will now be entitled to maternity leave, according to an official order of the personnel ministry.

The employees can avail of paid maternity leaves up to 26 weeks (about 180 days).

The ministry has written to all central government departments about a 2015 Delhi High Court order on this issue.

“All ministries / departments are advised to give wide publicity of its contents to the concerned officers,” the personnel ministry said in its latest directive to all the ministries and enclosed a copy of the court’s order with it.

The court verdict had come on a plea by a Kendriya Vidyalaya teacher who had twins through surrogacy but was denied maternity leave as she was not the biological mother.

“A female employee, who is the commissioning mother, would be entitled to apply for maternity leave,” the court had held.

Based on material placed before it, the competent authority would decide on the timing and the period for which maternity leave ought to be granted to a commissioning mother who adopts the surrogacy route, the court said.

The scrutiny would be keener and detailed, when leave is sought by a female employee, who is the commissioning mother, at the pre-natal stage, it said.

In case maternity leave is declined at the pre-natal stage, the competent authority would pass a reasoned order having regard to the material, if any, placed before it, by the female employee, who seeks to avail maternity leave, the court order said.

In a situation where both the commissioning mother and the surrogate mother are employees, who are otherwise eligible for leave (one on the ground that she is a commissioning mother and the other on the ground that she is the pregnant women), suitable adjustment would be made by the competent authority, it said.

Be the first to comment - What do you think?  Posted by admin - February 11, 2018 at 9:04 pm

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Maternity leave DoPT Order: Rule 43, which makes provision for maternity, for the sake of convenience

DoPT: Delhi High Court order on maternity leave in case of surrogacy

Maternity-Leave-DoPT-Order-Rule-43

No.13018/6/2013 -Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

JNU Old Campus, New Delhi
Dated 29 January, 2018

OFFICE MEMORANDUM

Subject: Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s UoI & Others – reg.

The undersigned is directed to enclose herewith Hon’ ble High Court of Delhi’s Order dated 17th July, 2015 in the Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s UoI & Others.

2. All Ministries/Departments are advised to give wide publicity of its contents to the concerned officers.

3. This issues with the approval of Secretary (P).

(Sandeep Saxena)
Under Secretary to the Govt. of India

As per standard mailing list.
Copy to:
NIC, DOPT – for uploading on the website.

12.4 Rule 43, which makes provision for maternity, for the sake of convenience, is extracted herein below:

“…43. Maternity Leave :

(1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of (180 day’s) from the date of its commencement.

(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. NOTE :- In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

(3) Maternity leave not exceeding 45 days may also be granted to a female  Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19: ‘Provided that the maternity leave granted and availed of before the commencement of the CCS(Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule’.

(4) (a) Maternity leave may be combined with leave of any other kind. (b)  Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of one year may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).

(5) Maternity leave shall not be debited against the leave account…”

Read More: DoPT-Orders-2018

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Amendment in Maternity Benefit Act

Amendment in Maternity Benefit Act

The working women already on maternity leave are entitled to enhanced maternity leave subject to fulfillment of other conditions.

As per the Maternity Benefit (Amendment) Act, 2017, it has been made mandatory for the establishments employing 50 or more employees to provide crèche facility, either separately or along with common facilities within a prescribed distance.

This information was given by Shri Santosh Kumar Gangwar, Union Minister of State (I/C) for Labour and Employment in written reply to a question in Rajya Sabha today.

Be the first to comment - What do you think?  Posted by admin - December 20, 2017 at 11:23 pm

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Maternity Benefit Amendment Act 2017

Maternity Benefit Amendment Act 2017

Maternity-Benefit-Amendment-Act-2017

F.No-S-36012/03/2015-SS-I
Government of India
Ministry of Labour & Employment

Sharam Shakti Bhawan, New Delhi
28 August, 2017

To
The Secretary,
Labour Department,
All State Governments/UT Administrators

Subject: The Maternity Benefit (Amendment) Act,2017

Sir/Madam,

Kind reference is invited to Ministry of Labour & Employment’s earlier letter number S-36012/03/2015-ss-I dated 12.04.2017 (copy enclosed) highlighting the recent amendments made to Maternity Benefit Act, 1961. The Ministry had also clarified therin certain points of doubts to facilitate smooth implementation of the provisions of the said Act, specially in respect of coverage of contractual workers under the Act. This Ministry in the recent past have been receiving a number of complaints and grievances from working women stating non-implementation of the provisions of the M.B. Act including alleged dismissal of few women by the employers in violation of section 12 of the said Act, non coverage of contractual employees, etc. The honourable National Commission for women has also taken serious view of such denial of rights of working women. This Ministry would, therefore, urge all the State/UT Labour Commissioners (which is the implementing authority under the M.B. Act) to effectively enforce the provisions of M.B. Act, and take strict punitive action against defaulting employers and ensure that the provisions of the statute are implemented in true spirit and letter to protect the rights of working women enshrined in the Act.

Yours faithfully
sd/-
(Manish Kumar Gupta)
Joint Secretary, Govt of India

Source: Confederation

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Employment of women and girls in Government organisations/Agencies

Employment of women and girls in Government organisations/Agencies

women-employment-central-government

The Government has been making concerted efforts to encourage the women to join Government service by providing some special facilities as enumerated below:

(i) maternity leave

(ii) child care leave

(iii) child adoption leave

(iv) special allowance to women with disability

(v) provision of crèche facility

(vi) posting of husband and wife at the same station

(vii) special priority in allotment of residential accommodation

(viii) provision for protection of women from acts of sexual harassment

(ix) special Leave connected with inquiry on sexual harassment

(x) age relaxation for appointment of widows, divorced woman and women judicially separated from their husbands and who are not remarried

(xi) special dispensation for woman officers of All India Services of North East cadre

(xii) exemption from payment of fee for examinations conducted by the Union Public Service Commission and Staff Selection Commission.

(xiii) Nomination of a women employee in Department Promotion Committee (DPCs). Institutional mechanisms, besides the Committees to prevent sexual harassment, exist in Government service for redressal of grievances of various nature of the women employees.

(xiv) Association of a lady member in Selection Committee/Board for 10 or more vacancies (at all levels).

This was stated by the Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in written reply to a question by Shri Parimal Nathwani in the Rajya Sabha today.

Be the first to comment - What do you think?  Posted by admin - August 3, 2017 at 5:36 pm

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Clarification on Recently Notified Maternity Benefit (Amendment) Act,2017

Clarification on Recently Notified Maternity Benefit (Amendment) Act,2017

The Government has notified the Maternity Benefit (Amendment) Act,2017 on 28th March,2017 and the provisions of the Amendment Act have come into force with effect from 1st April,2017, except those relating to creche facility {Section 4(1)} which would come into force from 01.07.2017.

Keeping in view queries received from various quarters, the Ministry of Labour & Employment, on 12.04.2017, had issued certain clarifications on various provisions of Maternity Benefit (Amendment) Act, 2017. One of the clarifications issued by the Ministry stated that the enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act.

Having received further queries and to remove doubts, it is further clarified that it is mandatory on the part of employers to extend the benefit of enhanced maternity leave to those women workers who were already on maternity leave on the date of enforcement of the Maternity Benefit (Amendment) Act,2017 i.e. as on 01.04.2017.

PIB

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The Maternity Benefit (Amendment) Act 2017

The Maternity Benefit (Amendment) Act, 2017

No. S·36012/03/2015-S5-1
Government of India
Ministry of Labour & Employment

Shram Shakti Bhawan, Rafi Marg,
New Delhi, dated 12th April, 2017

To

The labour Department,
All States/Union Territories

Sub: The Maternity Benefit (Amendment) Act, 2017 – reg.

Sir/Madam,

In line with recommendations of the 44th, 45th & 46th Session of Indian Labour Conference (ILC) and demands from various quarters, the Government has recently enacted the Maternity Benefit (Amendment) Act, 2017. Through this Amendment Act, following provisions have been added to the Maternity Benefit Act, 1961:-

Increase in the maternity leave from existing 12 to 26 weeks for working women with less than two surviving children.

  • Provisions for work from home for nursing mothers.
  • Mandatory provisions for establishments having fifty or more employees to have the facility of creche.
  • Extension of twelve weeks of maternity benefit to the ‘commissioning mother‘ and the ‘adopting mother‘ from the date the child is handed over.

Provisions of the Amendment Act have come in to force w.e.f 1st April, 2017, except those relating to creche facility (Section 4( 1)} which would come into force from 01.07.2017.

2. After the enactment of the said Act, the Ministry has been receiving numerous queries relating the revised provisions of the Act. The Ministry has examined such queries in consultation with Chief Labour Commissioner (Central) and the same are clarified as below :-

S No. Query Clarification
1. Applicability of the Act to contractual or consultant women employees. Since there is no amendment in Sec. 2 of the Act, hence the original provision will prevail. The Act is applicable to all women who are employed in any capacity directly or through any agency i.e. either on contractual or as consultant.
2. Whether enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act? Yes.
3. Whether enhance maternity benefit can be extended to those women who have joined after availing 12 weeks of the maternity leave? Those women employee who had already availed 12 weeks of maternity leave before enforcement of the Maternity Benefit (Amendment) Act,2017 i.e. 1st April,2017, shall not be entitled to avail the extended benefit of the 26 weeks leave.
4. Protection of women in case she is fired by the employer after learning her pregnancy? Under Section 12 of the M.B. Act, 1961 it is emphasized that any dismissal or discharge of a women during the pregnancy is unlawful and such employer can be punished under Section 21 of the Act.
5. Whether benefits of this Act can be extended to the employed women in the unorganized Sector The Maternity Benefit Act is applicable to all mines, plantations, shops and establishments and factories. Mines, plantations, shop and establishments could be either in organized sector or unorganized sector. Also, clarification at SL. No.1 may be seen.

3. It is requested that these clarifications may be noted for compliance and also circulated widely so as to make the pregnant working women aware of their rights.

Yours faithfully,
(H.L. Meena)
Director (SS)

Source: The Maternity Benefit (Amendment) Act,2017

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Grant of maternity leave for female government servant – Clarification

Grant of maternity leave for female government servant – Clarification
maternity-leave-female-government-servant
IMPORTANT CIRCULAR
CGDA, Ulan Batar Road, Palam, Delhi Cantt – 110 010

AN/XIV/19404/Leave Matters/Vol-III

Dated: 19-04-2017

To

All PCsDA/CsDA/PCA (Fys)

Subject: Grant of maternity leave – Clarification

A
reference was made to DoP&T regarding quantum of maternity leave
admissible to a female government servant consequent upon death of the
child(s) after birth.

2. In reply, DoP&T has clarified that –
” in case of death of child shortly after birth, the woman employees
may be granted Maternity Leave of two months for recovery after delivery
of the child”.

3. Similar cases/requests may be regulated accordingly.

(Kavita Garg)
Sr.Dy.CGDA (AN)

Signed Copy

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Women to get 26 weeks maternity leave, President nod to new law

Women to get 26 weeks maternity leave, President nod to new law

New Delhi: Women employees will now be able to get paid maternity leave of 26 weeks, up from 12 weeks, as per a new law.

President Pranab Mukherjee has given assent to the Maternity Benefit (Amendment) Act, 2017 that has made changes in some of the provisions of over 55-year-old law entitling certain benefit to women employees.

The new law makes it mandatory for every establishment with fifty or more employees to have the facility of creche within a prescribed distance.

The employer is also bound to allow four visits a day to the creche by a woman.

Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the new law, the statute says.

An employer can also permit a woman to work from home after she has availed maternity leave.

“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,” it says.

The law also allows maternity leave of 12 weeks for a woman who adopts a child below the age of three months, and for commissioning mother (a biological mother who uses her egg to create an embryo implanted in any other woman).

The entitlement of 26 weeks paid leave under the law is only for first two children. A woman with two or more children will be entitled to 12 weeks of maternity leave, says the law which will apply to all establishments employing 10 or more people.

The statute that will help approximate 1.8 million women workforce in organised sector, has amended Maternity Benefit Act, 1961 that regulates grant of maternity benefit to women employees in certain establishments.

The Maternity Benefit (Amendment) Bill was passed by Lok Sabha on March 9 and Rajya Sabha on March 20.

India is at third position globally in terms of the number of weeks of maternity leave after Canada (50 weeks) and Norway (44 weeks).

The president gave his assent on Monday.

PTI

Be the first to comment - What do you think?  Posted by admin - March 29, 2017 at 6:45 pm

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Maternity Leave in Private Sector

Maternity Leave in Private Sector

Maternity benefits to workers in the private sector are regulated under Employees’ State Insurance (ESI) Act, 1948 and Maternity Benefit (MB) Act, 1961. The Government has already enhanced paid maternity leave from 12 weeks to 26 weeks for up to two surviving children under the ESI Act,1948 vide notification dated 20.01.2017. So far as enhanced benefits under MB Act, 1961 are concerned, the Government introduced Maternity Benefit (Amendment) Bill, 2016 before Rajya Sabha. The said Bill was passed by the Rajya Sabha on 11.08.2016 and Lok Sabha has also passed the Bill with some amendments on 09.03.2017.

Both the Acts provide for protection of rights of working women through robust and proper mechanism including inspections by the field officers. The Acts provide for stringent penalties, including imprisonment, for violations of its provisions to ensure proper implementation.

This information was given by Shri Bandaru Dattatreya, the Minister of State (IC) for Labour and Employment,in written reply to a question in Rajya Sabha today.

PIB

Be the first to comment - What do you think?  Posted by admin - March 22, 2017 at 6:53 pm

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