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Maternity Benefit Act - Creche Facilities for government Employees

Ministry of Labour & Employment

Creche Facilities for Employees

11 FEB 2019

The Maternity Benefit Act, 1961 is enforced and implemented by the respective State Governments in all sectors except in the Mines and Circus Industries. As per the Maternity Benefit (Amendment) Act, 2017, it has been made mandatory for the establishments employing 50 or more employees to provide creche facility, either separately or along with common facilities within a prescribed distance. Time to time, advisories are issued to State Governments for strict enforcement and compliance of the provisions of the Maternity Benefit Act, 1961. Government does not maintain data of defaulters centrally. Implementation of provisions relating to nursing breaks are also enforced by State Governments, except in case of mines and circus.

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 Lok Sabha today.

PIB

Source: PIB ,    [http://www.pib.nic.in/PressReleseDetail.aspx?PRID=1553017]

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.

GOVERNMENT OF INDIA

MINISTRY OF LABOUR AND EMPLOYMENT

LOK SABHA

UNSTARRED QUESTION NO. 672

TO BE ANSWERED ON 06.02.2017

MATERNITY LEAVE

672. DR. SHASHI THAROOR:

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

(a)whether the Government proposes to extend the time span of the compulsory paid maternity leave from 12 weeks to 26 weeks in private organizations;

(b)if so, the details thereof;

(c)whether the Government also proposes to amend section 4 of the Maternity Benefits Act, 1961, to ensure that women employed in various public sector undertakings receive the same benefit; and

(d)if so, the details thereof and if not, the reasons therefor?