India's New Maternity Benefit Laws Take Effect

A significant part of India's new maternity benefit laws have taken effect from April 1, 2017. The Maternity Benefit (Amendment) Act, 2017 ("MB Amendment Act") received the assent of the President of India on March 27, 2017 and has now been notified into law by the Government.

India already provided for maternity benefit through the Maternity Benefit Act, 1961 ("MB Act"). The MB Act, applicable to an establishment with 10 or more employees, inter alia provided for paid maternity leave of 12 weeks to a female employee who has worked for 80 days in the preceding 12 months with the employer. The law also envisaged paid leave to be provided in other specified cases, including a medical termination of pregnancy, a miscarriage or pregnancy-related illness, along with payment of a medical bonus in case the employer is not providing any free pre-natal confinement or post-natal care.