Sec 5(3): Extended Benefit limited only up to two children
The extended benefit of 26 weeks i.e. 8 weeks pre and 18 weeks post expected date of delivery, is limited to a woman up to 2 children. They shall continue to be entitled for 12 weeks of paid maternity leave (as per earlier rule) i.e. 6 weeks pre and 6 weeks post expected date of delivery for the third child onwards.
Sec 5(4): Significance given to“Commissioning Mother”
“Commissioning mother: A biological mother who uses her egg to create an embryo implanted in any other woman”.
This means even if modern medical technology is used via Surrogacy, the biological mother shall get the benefit of maternity leave. However, the entitlement of maternity leave in this case shall be for a period of 12 weeks from the date the child is handed over to her.
Sec 5(4): Significance given to“Adopting Mother”
A woman who legally adopts a child below the age of 3 months, shall be entitled to maternity benefit for a period of 12 weeks
from the date the child is handed over to her.
Sec 11A(1): Crèche facility
Mandatory for every establishment employing 50 or more employees, within such distance as may be prescribed, either separately or along with common facilities Woman employee should be permitted to visit the crèche 4 times during the day, which includes the regular rest interval
Sec 5(5): Provision for working from home
Depending upon the nature of work and if such work can be executed from home, on terms and conditions mutually agreed
between the employer and the employee. This is effective from July 01st 2017 onwards.