In 2017, the Indian government passed the Maternity Benefit (Amendment) Act, which amended the existing Maternity Benefit Act of 1961. The key features of the amendment are as follows:

Extended maternity leave: The amendment increased the duration of maternity leave from 12 weeks to 26 weeks for all female employees in the organized sector, i.e., establishments with 10 or more employees.

Maternity leave for adopting mothers: Female employees who adopt a child below the age of three months are entitled to 12 weeks of maternity leave from the date of adoption.

Maternity leave for commissioning mothers: The amendment introduced a new provision for commissioning mothers, i.e., biological mothers who use a surrogate to carry their child. They are entitled to 12 weeks of maternity leave from the date of the child’s birth.

Work from home option: The amendment introduced the option of working from home for female employees, provided the nature of their work allows it, and with the agreement of the employer. Female employees can work from home for up to six months after the date of delivery.

Crèche facility: Establishments with 50 or more employees are required to provide crèche facilities within a prescribed distance. Female employees are allowed four visits to the crèche during working hours.

Obligations of employers: The amendment made it mandatory for employers to inform female employees of their entitlements under the Act at the time of their appointment. Employers are also required to provide a written statement to female employees on their rights under the Act.

Overall, the 2017 amendment to the Maternity Benefit Act aimed to provide better protection and benefits for working mothers in India.