Analysis of the Maternity Benefit (Amendment) Act, 2017

The Maternity Amendment Act 2017 is a progressive step in today’s need of women at work and inclusive of maternal and the child health care issue. The Analytical scrutiny digs to safeguard the social and legal security measure

•Enlarged maternity duration: The enhanced paid leaves from 12 weeks to 26 weeks could pave the motherhood bonding and the exclusive breastfeed for the child. But pregnant woman be seen as liability and cost cause for organizations.

•Paternity Leave: The act flops in terms of paternity leave. The increasing nuclear family pattern need paternity leave drive.

•Shrink Leaves for Third Child: The extended benefit of 26 weeks is for up to two live births however the third born child could be effected in growth and development terms as the paid leaves would be of 12 weeks for the third born child

•Work from Home provision: Act permitted work from home keeping the type of work and the mutual consent of employer and the woman. This option would give more adequate and proper care of the child. However gender rationality could be argued along with the directive principle of the state under Article39(a).

•Crèche facility: Crèche facility either separately or along with the common facilities of establishments having 50 or more employees is going effective from 1stJuly 2017 with provision of four times visit of woman employee in day to it, it has still lots of open questions in regard to the structure of crèche.

•Provision for Adopting and Commissioning Mother: 12 weeks paid leave period for the adopted and commissioning mother from the date the child be handed over. One way encourages adoption of younger ones and on another ignorance for the above 3 months old babies.


Conversely the Act focus on the compulsory message on maternity benefits in writing or electronically be shared at the time of appointment of woman employees