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Section 3 of Maternity Benefit (Amendment) Act 2017


3. Amendment of section 5

In the principal Act, in section 5,—

(A) in sub-section (3)—

(i) for the words ‘‘twelve weeks of which not more than six weeks’’, the words ‘‘twenty-six weeks of which not more than eight weeks’’ shall be substituted;

(ii) after sub-section (3) and before the first proviso, the following proviso shall be inserted, namely:— ‘‘Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery;’’;

(iii) in the first proviso, for the words ‘‘Provided that’’, the words ‘‘Provided further that’’ shall be substituted;

(iv) in the second proviso, for the words ‘‘Provided further that’’, the words ‘‘Provided also that’’ shall be substituted;

(B) after sub-section (3), the following sub-sections shall be inserted, namely:—

‘‘(4) A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.

(5) 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.’’.

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