Maternity Benefit Act – Creche Facilities for 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 writ...

FIVE DAYS EMERGENCY LEAVE TO GDS GDS: MAXIMUM 5 DAYS EMERGENCY LEAVE FOR GRAMIN DAK SEVAKS Department of Posts (Ministry of Communications) notified on 3rd January 2019 regarding the ‘Emergency Leave for a maximum of Five Days in a calendar year for all categories of Gramin Dak Sevkas (GDS). Earlier, the Central Government approved and implemented the recommendations of Kamlesh Chandra Committee report to GDS Employees. Now, Central has decided to sanction the Emergency Leave to GDS Employees recommended by the Kamlesh Chandra Committee. Consolidated instructions provided in the office memorandum and the benefit effective from 1.1.2019. The Kamlesh Chandra Committee has recommended on Leave as follows… Provision of 26 weeks of Maternity Leave for women GDS has been recommended. The wages for the entire period of Maternity Leave is recommended to be paid from salary head from where wages of GDSs are paid. The Committee has also recommended one week of paternity leave....

Maternity Leave Incentive Scheme – Clarification by Ministry of Labour & Employment Ministry of Labour & Employment Clarification regarding Maternity Leave Incentive Scheme 16 NOV In a section of media, there have been some reports about Maternity Leave Incentive Scheme. In this regard, the Ministry of Labour & Employment has clarified the following:- Background- (i) The Maternity Benefit Act, 1961 applies to establishments employing 10 or more than 10 persons in Factories, Mines, Plantation, Shops & Establishments and other entities. The main purpose of this Act is to regulate the employment of women in certain establishments for certain period before and after child birth and to provide maternity benefit and certain other benefits. The Act was amended through the Maternity Benefit (Amendment) Act, 2017 which, inter alia, has increased the paid maternity leave to women employees from 12 weeks to 26 weeks. (ii) While the implementation of the provision is ...

Government to refund employers for seven weeks of maternity leave given to employees: WCD CRE-23/1/2018 – Creche- Part(2) Government of India Ministry of Women and Child Development Shastri Bhawan, New Delhi Dated: 2nd November, 2018 Office Memorandum Subject:  National Minimum Guidelines for setting up and running creches under Maternity 8enefit Act, 2017 – Forwarding of The undersigned is directed to refer to the subject mentioned above & to say that the Ministry of Labour & Employment has notified the Maternity Benefit (Amendment) Act, 2017 mandating that “every establishment having fifty or more employees shall have the facility of creche within such distance as may be prescribed, either separately or along with common facilities”, 2. In this regard, to enable and facilitate the employer for establishing and managing the creche facility, the Ministry of Women & Child Development has formulated the  National Minimum Guidelines for Setting Up and Run...

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...

Withdrawal of Financial assistance for maternity grant to Female GDS on introduction Maternity leave in the Department of Posts File No.15-1/2016-WL&Sp Government of India Ministry of Communications Department of Posts (Welfare & Sports Section) Dak Bhawan, Sansad Marg, New Delhi – 110 001. Dated: 29.08.2018 To All Heads of Circle Subject:  Withdrawal of Financial assistance for maternity grant to Female GDS on introduction Maternity leave in the Department of Posts. On the above subject, it is intimated that as per O.M. No.17-31/2016-GDS dated 27.06.2018, Establishment Division introduce new scheme related to Maternity Leave for female GDSs wherein it is clearly mentioned that above O.M will supersede all earlier orders in respect of Maternity leave for female GDSs. 2. Hence, it is informed that O>M. No.17-31/2016-GDS dated 27.06.2018 will be followed from 01.07.2018, no further clarification w.r.t. above O.M. will be issued from Welfare and sport...

CHILD CARE LEAVE GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS LOK SABHA UNSTARRED QUESTION NO: 3587   ANSWERED ON: 08.08.2018 Alternative Arrangement in Place of Employees on Child Care Leave NAGARAJAN P.  Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:- (a) whether the Union Government is aware of the fact that the office work is being totally disrupted due to absence of women employees on account of the long paid maternity leave and child care leave; (b) if so, the details thereof; (c) whether the Government has calculated days and assessed working during maternity/child care leave for making provisions of staff to overcome the shortage or cope up with the work in the absence of women employees who are on maternity and child care leave; (d) if so, the details thereof; and (e) if not, the reasons therefor? ANSWER MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS ...

Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts No. 17-31/2016-GDS Government of India Ministry of Communications Department of Posts Establishment Division Dak Bhawan, Sansad Marg, New Delhi – 110001. Dated: the 27th June, 2018 Office Memorandum Subject:  Introduction of Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts. The undersigned is directed to convey the approval of the Competent Authority for introduction of the Maternity Leave for the female Gramin Dak Sevaks (Female GDSs) in Department of Posts. 2. This OM will supersede all earlier orders in respect of Maternity Leave for female Gramin Dak Sevaks (Female GDS). 3. Introduction of Maternity Leave for female GDS. i. Female Gramin Dak Sevaks (Female GDSs) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement. ii...

Ration Money Allowance during leave other than LAP : Railway GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) RBE No. 88 /2018 New Delhi, dated: 14.06.2018 No. E(P&A)I-2005/ALL/RPF-2 The General Managers and Principal Financial Advisers, All Indian Railways and Production Units. Sub:   Ration Money Allowance during leave other than LAP. Integral Coach Factory, Chennai had sought clarification, whether RPF staff are eligible for payment of Ration Money Allowance during their leave period other than Leave on Average Pay (LAP), i.e. Commuted Leave, Maternity Leave & Paternity Leave. 2. The matter has been examined in Board’s Office in consultation with Ministry of Home Affairs. It is clarified that no Ration Money Allowance is admissible to RPF personnel during Commuted Leave, Maternity Leave and Paternity Leave. 3. The other terms and conditions as stipulated in para 4 of Board’s letter of even number dated 10.06.2009 remain unchanged. 4. This dis...

Gratuity Ceiling Amendment - Gratuity Payment, Date and Maternity Leave Gratuity Ceiling Amendment Notifications issued by Government of India regarding Upper limit of Gratuity Payment, Date on which come into force and Maximum Period of Maternity Leave… MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 29th March, 2018 S.O. 1419(E).- In exercise of the powers conferred by sub- section (2) of section 1 of the Payment of Gratuity (Amendment) Act, 2018 (12 of 2018), the Central Government hereby appoints the 29th day of March, 2018 as the date on which the said Act shall come into force. [No.S-42012/02/2016-SS-II] MANISH GUPTA, Jt. Secy. NOTIFICATION New Delhi, the 29th March, 2018 S.O. 1420 (E).- In exercise of the powers conferred by sub-section (3) of section 4 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies that the amount of gratuity payable to an employee under the said Act shall not exceed twenty lakh rupees. [No.S-42012/02...

DoPT: Delhi High Court order on maternity leave in case of surrogacy No.13018/6/2013 -Estt.(L) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training JNU Old Campus, New Delhi Dated 29 January, 2018 OFFICE MEMORANDUM Subject: Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s UoI & Others - reg. The undersigned is directed to enclose herewith Hon' ble High Court of Delhi's Order dated 17th July, 2015 in the Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s UoI & Others. 2. All Ministries/Departments are advised to give wide publicity of its contents to the concerned officers. 3. This issues with the approval of Secretary (P). (Sandeep Saxena) Under Secretary to the Govt. of India As per standard mailing list. Copy to: NIC, DOPT - for uploading on the website.     12.4 Rule 43, which makes...