The Maternity Benefits Act 1961: - Definitions- Application-
Benefits
Maternity benefits at the workplace are necessary to ensure job security, protect women’s
economic rights and support their maternal duties. In India, the Maternity Benefit Act
1961 provides maternity benefits in the form of maternity leave for all women employees.
Maternity leave is a paid leave provided to expecting or pregnant women who can utilise it
before and after the delivery of the child. All employers or organisations in India must give
maternity leave to pregnant women. It is vital to ensure the overall well-being of the
newborn child and mother.
Amendment in 2017:
The Maternity Benefit (Amendment) Act, 2017 further extended maternity leave and
provided for additional benefits such as:
• Extended Maternity Leave:
The duration of maternity leave was extended from 12 weeks to 26 weeks for the first two
surviving children.
• Maternity Benefit for Adopting Mothers:
Mothers adopting a child below the age of three months were also granted maternity leave.
• Maternity Benefit for Commissioning Mothers:
Commissioning mothers (biological mothers using their eggs for surrogacy) were also
included under the purview of the act.
• Provision for Work from Home:
The act also allowed for the possibility of work from home during the maternity leave
period.
What is maternity leave?
Maternity leave is the paid leave provided to pregnant women working in any organisation.
The Act provides the period of leave that an employer or organisation must give to pregnant
women before and after the delivery of their child, which is as follows:
• All pregnant women are eligible for 26 weeks of maternity leave for the first and
second child, out of which they can take a maximum of 8 weeks’ leave
before their expected delivery date.
• For the third and subsequent child, mothers are eligible for 12 weeks of maternity
leave.
• A woman can take 6 weeks maternity leave in the case of miscarriage or medical
termination of pregnancy. However, she may have to produce proof of miscarriage,
and the leave period starts immediately following the miscarriage date.
• Adopting or commissioning mothers can take up to 12 weeks of maternity
leave starting from the day the newborn child is handed over to the mother.
Additional leaves can be granted for new mothers requiring more recovery time. Employers
can be punished with imprisonment if they contravene the provisions of the Act and do not
provide maternity benefits for the mother.
Maternity leave applicability
The Maternity Benefit Act applies to women working in public and private
sector organisations. Thus, it applies to all women employed in private companies,
government jobs, mines, plantations, factories and organisations with 10 or more
employees. However, the Maternity Benefit Act does not apply to women working
in organisations with less than 10 employees and self-employed women.
Maternity leave eligibility
A woman is eligible to take maternity leave under the Act only when she has worked with
the employer for at least 80 days in the 12 months preceding her expected delivery date.
Maternity leave rules
The maternity leave policy and rules in India provide for the following:
• Employers must pay full salary to the woman employee during her maternity leave
period. This salary rate is calculated according to her actual salary or daily wages in
the 3 months prior to her maternity leave request.
• Employers should not employ a woman during the 6 weeks immediately following
her delivery or miscarriage.
• Employers must provide childcare provisions and restore the woman to her previous
position in the organisation upon her return from the maternity leave period.
• Pregnant employees are entitled to the following workplace amenities:
• Hygienic restrooms
• Comfortable working and seating arrangements
• Safe drinking water
• Employers must not give pregnant women difficult tasks or long working hours 10
weeks before the expected delivery date to ensure the safety and health of the
mother and child.
• Employers can grant additional leaves to mothers if they cannot return to work after
the maternity leave period through a mutual agreement.
• Employers can also grant work-from-home options to mothers through a mutual
agreement between the employer and the mother.
Maternity leave application
As per the Act, a pregnant woman can give notice in writing to her employer for availing
maternity leave and salary payment during such leave period. She must also state the date
from which she will be absent from work.
Pregnant employees can also apply for maternity leave by informing company HR or
applying for maternity leave on their company portal. They may also send an email to their
employer of availing the maternity leave.
Maternity leave for government employees
The Maternity Benefit Act 1961 applies to state and central government employees. Thus,
all the leave provisions and benefits provided under the Maternity Benefit Act 1961 apply to
all women working in the government sector. Women government employees can take
maternity leave for 26 weeks during pregnancy and delivery of the child. They can take
leave 8 weeks prior to the delivery date and extend it up to 26 weeks after delivery. Women
government employees adopting a child below three months or commissioning mothers can
take 12 weeks of maternity leave after the child is handed over to the mother.
Maternity leave benefits
• Maternity leave ensures the well-being of mothers and their children by providing
time to recover and nurture their children.
• Any woman on maternity leave is entitled to receive the entire salary for the period
of leave and medical benefits, thus providing her financial security.
• Employers cannot dismiss or fire women employees only due to pregnancy or when
they are on maternity leave, thus providing job security during pregnancy.
• Maternity leave allows women to take time off for the delivery of their children
while continuing their employment, which helps them to maintain their career
progression.
• Maternity leave provides time for new mothers to recover from childbirth and care
for their health physically.
• Maternity leave gives new mothers time to spend with their newborns, essential for
bonding and attachment.
CONCLUSION:
In essence, the Maternity Benefit Act, 1961, and its subsequent amendments, aim to
provide a comprehensive framework for protecting the rights and interests of working
women during pregnancy, childbirth, and the postpartum period, ensuring their health and
well-being and enabling them to balance their work and family responsibilities.
