International Journal for Multidisciplinary Research (IJFMR)

E-ISSN: 2582-2160 ● Website: www.ijfmr.com ● Email: editor@ijfmr.com

Maternity Benefit Under Social Security Code

Dharanya. V

3rd Year BBA, LL.B.(Hons), Sastra School of Law, Thanjavur

Abstract:
Maternity Benefit Act,1961 safeguards employment and provides other benefits during the pregnancy. The
fundamental goals of the maternity benefit under the code are to safeguard and maintain the dignity of
motherhood, the health of the woman, the child's safety and well-being. It is crucial for women and society
as a whole to take the proper steps to preserve the health and pay off for female employees throughout
their pregnancy. Because the woman's health prevents her from carrying out her responsibilities, maternity
benefits are offered to ensure the woman's good health and the dignity of parenting. The Social Security
Code,2020 aims to provide social security benefits to all workers, regardless of their employment status
organized, unorganized, or in other sectors. Numerous obstacles must be overcome in order to implement
the Social Security Code. This chapter discusses the modifications made to the Maternity Benefit Act as
well as its analytical perspective.

Keyword: Maternity Benefit, Social security Code, gender discrimination, new amendments

Introduction:
The Maternity Benefit Act was created in order to control how long women might work in specific
enterprises prior to and following childbirth, as well as to offer maternity benefits and other advantages.
This Act was passed based on the explicit declaration of Part-V Directive principles of state policy
included in Articles 39(e) and 39(f) of the Constitution of India, 1950, that “The state shall, in particular,
direct its policy towards securing the health and strength of the workers, men and women”.
This Act is entirely focused on supporting working women by establishing mechanisms to offer various
benefits to female wage earners. Before the current Maternity Benefit Act of 1961, maternity benefits
legislation was passed in every state in India. The Assam Maternity Benefit Act (1944), The Bihar
Maternity Benefit Act (1947), and The Bombay Maternity Benefit Act (1929) were these Acts. The mines
Maternity Benefit Act of 1941, the plantation labor act of 1951, and other central legislations featured
maternity benefit provisions. Yet, the Acts' purview differed with regard to the prerequisites for receiving
benefits, their totality and, consequently, their rate, etc. The Government of India passed the Maternity
Benefit Act 1961 in 1961 in an effort to reduce the differences in maternity protection provided by several
Acts. The following years saw significant amendments: 1970, 1972, 1973, 1975, 1976, 1988, and 1995.
The Maternity Benefit Act of 1961 governs the employment of women in factories, mines, the circus
business, plantations, and shops or establishments with ten or more employees. It does not, however, apply
to workers who are covered for maternity and other benefits under the Employees State Insurance [ESI]
Act of 1948 for specific time periods prior to and following childbirth. All of India is included, with the
exception of the State of Sikkim. Additionally, it covers maternity leave and the payment of certain
monetary incentives to female employees who meet certain requirements while they are unemployed due
to pregnancy. Except in cases of serious misconduct, a woman's employment cannot be dismissed while

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she is absent due to pregnancy. The maximum time a woman can get maternity benefits is twelve months.
The Maternity Benefit Act, 1961 was revised in 2008 to increase the medical bonus from Rs. 1000/- to Rs.
2500/- and to authorize the Central Government to increase the medical bonus before every three years,
subject to a maximum of Rs. 20,000/-, by notification in the official Gazette. The medical bonus was
enhanced from Rs. 2500/- to Rs. 4000/-.

1.Objectives of The Maternity Benefit Act, 1961

The aim of this legislation is to control women's employment in specific institutions for a specified
duration and following childbirth, while also offering maternity and additional benefits. It is founded on
the concept of social justice. The Maternity Benefit Act, 1961 was a new act adopted by the Central
Government with the aim of mitigating the differences around maternity provisions under different state
and federal Acts. State governments are authorized to apply all of this Act's provisions to any other
establishment or type of establishment, industry, commerce, agriculture, or any other sector, provided that
the central government has granted permission and at least two months' notice of the intention to do so.
The goal of achieving social justice for female workers was another goal of this measure. The Maternity
Benefit Act of 1961 provides protection for female employees throughout their pregnancy and grants them
the right to a fully paid leave of absence from work to care for their child. The 2016 revisions aim to
increase the length of maternity leave to 26 weeks for all organizations, including private sector. Certain
Periods Are Prohibited for the Employment of or Work by Women. Section 4 of the Act stipulates that
1. For the first six weeks after a woman gives birth [miscarriage or medical termination of pregnancy],
no employer may wilfully hire her in any capacity.
2. During the six weeks that follow the day of her delivery [miscarriage or medical termination of
pregnancy], no woman may work in any establishment. A pregnant woman may request that her
employer not require her to perform any arduous or long-standing work during the period specified in
sub-section (4), provided that it does not interfere with her pregnancy or the normal development of
the foetus, causes her to miscarry, or negatively impacts her health in any other way. This provision
does not affect the provisions of section 6.
3. The period referred to in sub-section (3) shall be the period of one month immediately preceding the
period of six weeks, before the date of her expected delivery; any time frame within the specified six-
week timeframe that pregnant woman does not use her leave of absence as per section 6.
4. Every woman is entitled to maternity benefits under Section 5 from her employer, with payments made
at the average daily wage for the duration of the actual absence. woman who, in the 12 months before
to her expected delivery date, worked in any type of establishment for at least 80 days.
5. Every woman will be entitled to maternity benefits, and her employer will be responsible for covering
the cost of such benefits. The sum payable to the woman will be calculated at the average daily income
for the duration of her real absence.
6. According to Sections 3(h) and 5(1), "Maternity benefit" refers to the entitlement of a woman to
receive payments at the rate of her average daily income for a predetermined length of time prior to
and following childbirth, as well as the obligation of her employer to provide such benefits.
7. According to Section 5 of the Act, a person may only receive benefits under this Act for a maximum
of twelve weeks. This twelve-week period can be split into two six-week, one of which can be used
before and up until the delivery date, and the other after that.

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8. If the mother passes away before the baby is born, the benefit will be paid until the date of her passing.
The employer will be responsible for covering the benefit for the full six weeks if the mother passes
away either during or after giving birth, within six weeks. The benefit will continue to be paid until
the child's death if the mother and child pass away within the six-week period.

2. Conditions for Availing the Benefit Under the Act

The following requirements must be met in order to be eligible to receive maternity benefits:
The woman must have worked in the establishment for a minimum of one hundred and sixty days in the
twelve months preceding her expected delivery date. Under Section 6 of the Act, the woman must provide
written notice to her employer stating the nominee and the date from which she will be absent, which
cannot be sooner than six weeks before the expected delivery date. Section 8 of the Act also provides for
a medical bonus of two thousand five hundred rupees if the employer does not provide any pre-natal or
post-natal medical care. Section 10 of the Act provides for an additional month's leave if the woman suffers
from an ailment related to pregnancy, delivery, early birth, or miscarriage. She will be granted this leave
after submitting proof. Section 11 of the Act also allows woman to take two breaks throughout her daily
employment to nurse the kid for a period of fifteen months.

3. Applicability and Eligibility:

Reading the Maternity Benefits Act, 1961's Sections 2 and 3(e) together leads one to the reasonable
conclusion that the Act covers establishments including mines (“mine” as defined in the Mines Act, 1952),
factories, (“factory” as defined in the Factories Act, 1948), and plantations (“plantation” means a
plantation as defined in the Plantations Labour Act,1951).
The Government establishments and establishments where employees are hired to perform equestrian,
acrobatic, and other activities are also covered by the Maternity Benefit Act, as stated in section 2(b).
Every shop or establishment that employs ten or more people on a daily basis throughout the previous
twelve months is also subject to the aforementioned Act, which is applicable to shops and establishments
within a specific state. All "establishments" and "commercial establishments" in Delhi are subject to the
Delhi Shops and Establishments Act, 1954, which is governed by Sections 2(9) and 2(5), respectively.
Furthermore, in accordance with the Maternity Benefit Act's proviso in Section 2, the State Government
may declare that the Act's provisions apply to any other establishment or class of establishments that
engage in any other activity, as well as any industrial, commercial, or agricultural activity, subject to
receiving approval from the Central Government.
As stated in Section 2(2) of the Act, factories and other establishments to which the terms of the
Employees' State Insurance Act, 1948 apply are exempt from the provisions of this Act, unless specifically
stated in Sections 5A and 5B. In addition, in accordance with Section 26 of the Act, the
appropriate Government may, upon notification, exempt an establishment from the Act's provisions,
subject to the limitations outlined in that Section. According to the Maternity Benefit Act, a woman is only
eligible for maternity benefits if she has worked as an employee in an establishment for at least 80 days
during the previous 12 months.

4. Key Highlights of the Act

1. Raising of the Maternity Benefit: The length of paid maternity leave was extended to 26 weeks. Take
off eight weeks before the scheduled delivery date.

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2. No further advantage for third child: For the first two children alone, the enhanced Maternity Benefit
is offered. A woman who has two or more living children will only be eligible for twelve weeks of
maternity benefits, of which no more than six weeks may be used before the expected date of delivery.
3. In this regard, the case of Union of India vs. M. Asiya Begum1 stands out. This decision highlighted
a clear requirement for courts to follow the golden rule of interpretation in sensitive instances like this
to avoid absurdities that result from literal interpretation. The petitioner in the case gave birth to twins
on her first attempt and was granted up to 180 days of maternity leave. However, with her second
delivery, the question of 'whether the maternity benefit could still be used as it would be her third child
from the second delivery' arose. Under current laws, a woman can only receive these benefits for her
first two delivery, according to the court. The current birth was regarded as a third rather than a second
since twins usually arrive one after the other, resulting in two deliveries rather than one. It was justified
since the time interval defines the twin's age, giving the appearance of two births.
4. Adoption/Surrogacy: A woman who adopts a child under the age of three months or commissioning
mother shall be entitled to Maternity Benefit for a period of twelve (twelve) weeks from the date the
child is given to the adoptive mother or the commissioning mother.
5. Creche facility: A creche facility is required for establishments with more than fifty employees. The
woman will also be permitted to visit the creche four times a day, including her allotted rest period.
6. Work from Home: After the Maternity Benefit time has ended, her employer might permit her to work
from home. An agreement between the employer and the employee may be reached regarding the
terms of working remotely.
7. Prior Intimation: All establishments shall furnish women with comprehensive information about all
benefits under the Act at the time of her first appointment.
8. 26-week leave (8 weeks prior to the expected delivery date and 18 weeks following the expected
delivery date) A minimum of Rs. 3500 for a medical bonus If a miscarriage occurs. Eight weeks' leave
will begin on the day of the miscarriage. An extra month of paid leave, if needed will be provided
on Evidence of sickness. Two weeks of paid leave following a tubectomy procedure.
9. No firing or termination while on maternity leave. Before delivery, light work for ten weeks. No
charges are to be made against her for any of the conditions related to her employment while on ML.
She is to take two nursing breaks till the child turns fifteen months old. No deduction from the regular
and usual daily earnings of a woman who qualifies for Maternity Benefit under this Act's provisions.
In the event that the woman passes away within this time, the maternity benefit will only be paid for
the days leading up to and including day of her passing.
10. Employers are not allowed to knowingly hire a woman for more than six weeks after the date of her
delivery or miscarriage. No woman is allowed to work in any establishment for the six weeks that
follow the day of her delivery. It will be illegal for her employer to fire her for committing such a
misconduct. If an employee engages in serious misbehaviour, they may be notified in writing and may
be denied this benefit. Writing after the deprivation day for sixty days, any woman may file an appeal
with the legally designated authorities for maternity benefits.
11. The employer in each area of the establishment where women are employed shall display in a
prominent location a summary of the provisions of this Act and the rules issued thereunder in the
language or languages of the locality. In accordance with any guidelines that may be specified by the

1
Union of India v. Asiya Begum, WA No. 4343 of 2019 (Madras High Court)

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Maternity Act, employers are required to create and preserve the registers, records, and muster rolls.
Penalties for violating the Act include a fine of not less than Rs. 2000/-, which may go up to Rs.
5000/- and imprisonment for a minimum of 3 months, with a maximum extension of 1 year.
12. For the same category of employees as previously mentioned, a woman is eligible to receive maternity
benefits for a 12-week period starting on the day the baby is given to her if she lawfully adopts a child
under the age of three or becomes a commissioning mother.
13. Work from home: If a woman is assigned work with the intention of enabling her to work remotely,
an employer might allow her to continue working remotely after receiving maternity benefits. The
terms of the telecommuting agreement may have been mutually agreed upon by the company and the
woman.
14. The Act has made the arrangement known as "telecommuting" possible, and it can be used following
the conclusion of a 26-week leave term. Given the concept of labour, a woman can benefit from this
arrangement under conditions that are generally agreed upon by the company. In line with the World
Health Organization's recommendation that infants must be breastfed exclusively by their mothers for
the first 24 weeks of life, the maternity pay has been increased by 12 weeks to 26 weeks.
15. An increase in maternity leave has the potential to boost children's endurance rates and overall
development.

5.Some Changes Brought by Social Security Code to Maternity Benefit

5.1 MATERNITY BENEFIT FOR BIOLOGICAL MOTHERS
Employees are now required to select between the benefits available under the Employees State Insurance
chapter and the chapter that embodies the Maternity Benefit Act, 1961. Previously, maternity benefits were
available under both the Employees State Insurance Act, 1948, and the Maternity Benefit Act, 1961.
However, these two laws have now been substantially combined under the Social Security Code.
With a few minor modifications, the maternity benefit law that was previously in effect is now available
to all women working in factories, mines, plantations, and other establishment with more than ten
employees. The following are the advantages under the new Code:
a. Employing a woman knowingly within six weeks of her child's delivery is against the law; miscarriage
or medically assisted pregnancy termination.
b. A woman cannot be forced to work in a demanding job that requires prolonged standing or is physically
difficult, even if she chooses to work during a period when she would be entitled to maternity leave.
c. If a woman employee has no surviving children, her maximum maternity benefit term is 26 weeks. A
woman is entitled to 12 weeks of paid leave, rather than 26 weeks, if she has two or more surviving
children.
d. In the event that a woman passes away while receiving maternity benefits, her benefits will continue to
be paid until the day of her passing. On the other hand, full duration maternity benefit becomes payable
in the event that she passes away and leaves her child behind.
e. Women who do jobs that allows them to work from home may request a "work from home" model from
their employers, even after their maternity leave has ended.
f. In addition to paid maternity leave, a woman is also eligible for a bonus of INR 3,500 in the event that
her employer does not cover the cost of prenatal care or postnatal care.
g. After giving birth, a woman employee is entitled to two breaks from work so she can nurse her child
until the infant turns one and a half years old.

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5.2 MEDICAL REASONS

a. A woman who experiences a miscarriage or a medical termination of her pregnancy is entitled to six
weeks of paid leave at the rate of maternity benefit immediately upon the date of the miscarriage or,
the termination.
b. A woman who has a tubectomy procedure is entitled to two weeks of paid leave following the
operation.
c. In the event that a woman suffers an illness related to her pregnancy, childbirth, miscarriage, early
birth, or medical termination of her pregnancy, she is entitled to an extra month of paid leave.

5.3 ON TERMINATION/DISMISSAL FROM WORK

a. k. A woman cannot be fired from her job or given a notice of termination while she is on maternity
leave, as per the current maternity benefit law. She will still be eligible for maternity benefits even if
she is fired later; these benefits cannot be discontinued unless the female employee is found guilty of
and disciplined for serious misbehaviour.
b. l. It is required that the maternity benefit be paid out 48 hours after the proof of delivery is produced,
as well as in advance (for the time leading up to the delivery date). An Inspector-cum-Facilitator may
also be designated in specific circumstances to handle payment of maternity benefit obligations. There
is a provision for appeal as well as a place to file complaints regarding non-payment of maternity
benefits before this Inspector cum Facilitator. Such an appeal shall be made to a person appointed for
this purpose by the relevant authorities.

5.4 MATERNITY BENEFIT FOR ADOPTING/COMMISSIONING MOTHERS

For the same category of workers as previously mentioned, a woman is eligible to receive maternity
benefits for a 12-week period starting on the day the baby is given to her if she lawfully adopts a child
under the age of three or becomes a commissioning mother.

5.5 CRECHE FACILITIES

Businesses having 50 or more employees, such as factories, mines, plantations, and other establishments,
should offer a childcare facility on site or within a reasonable distance. Female staff members will be
permitted to see the child four times each day. Government agencies can also work together to create
shared childcare facilities.
The Amendment Act, 2017's Section 11A states that creche facilities must be set up at "every
establishment." Using the literal construction rule, it follows that the clause only requires creches to be
established in "establishments" that fall within the Act's clause 3(e) definition of "establishment."
Moreover, it follows that a "establishment" that is excluded by Section 2(2) of the Act or that is excluded
by notification under Section 26 of the Act is not required to set up a creche as required.
As previously stated, "establishments" falling under the purview of the Maternity Benefit Act, 1961 are
required to create crèches in accordance with Section 11A. Furthermore, the notice of clarification for The
Maternity Benefit (Amendment) Act, 2017 made it clear that there are no modifications to the way the Act
of 1961 is applied because Section 2 has not been changed. According to Section 2(b), a "establishment"
is any shop or establishment as defined by any law that is currently in effect regarding shops and
establishments in a State.

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As a result, all establishments governed by the Delhi Shops and Establishment Act of 1954 are required
to have creches. According to the 1954 Act's Section 2(5), a "commercial establishment" is any place
where a trade, business, profession, or other related or incidental work is conducted. Furthermore,
"'establishment' means a shop, a commercial establishment," according to Section 2(9) of the Act of 1954.
Therefore, even though they may be incorporated or registered under The Partnership Act, 1932, or
corporations Act, 2013, creches are required in corporations, firms, and consulting companies.

5.6 EQUAL WORK, EQUAL WAGES

The Code on Wages, which supersedes all prior statutes pertaining to wage fixation, states that no
establishment covered by it may discriminate against any employee on the basis of gender in matters
concerning wages when the same employer is involved, with regard to the same work or work of a similar
nature performed by any employee. Apart from situations in which hiring women is legally forbidden,
there should be no wage discrimination and no sex-based prejudice during the hiring process.

6. Social Security Code and Maternity Benefits

As previously announced, the Central Government will repeal the Maternity Benefit Act, 1961, and all of
its provisions have been modified and transferred into the Social Security Code. Women working in
various establishments will no longer be allowed to claim maternity benefits under the Maternity Benefit
Act, 1961, and will instead have to seek such benefits under the Social Security 2020 Code.

6.1 INSPECTOR-CUM-FACILITATOR
Section 14 of the Maternity Benefit Act of 1961 authorized the appropriate government to appoint
Inspectors to enforce the Act's requirements. The obligations of implementing the Code's requirements
have been delegated to a new authority, the Inspector-cum-Facilitator, under the Code of Social Security
2020.
The Inspector-cum-Facilitator's functions under the Social Security Code are equivalent to those of the
Inspector under the Maternity Benefit Act of 1961.They have the right to enter any place where women
are employed or given work at any reasonable time, look around and talk to anyone they reasonably believe
to be an employee, and demand information from the employer about the identities and addresses of the
women who work there as well as any compensation they receive.
In addition, the Inspector-cum-Facilitator is empowered to investigate complaints of non-compliance with
the provisions and issue orders that are reasonable and appropriate in light of the specifics of the complaint.

6.2 APPLICATION OF AADHAR

According to Section 142 of the new Code, any worker or employee in the unorganized sector who wants
to claim maternity benefits under the Code must use an Aadhaar number to prove their identification as
well as the identity of the person who will be her beneficiary in the case of their death. No woman will be
eligible for maternity benefits if she does not have an Aadhar number. This kind of provision was not there
in the Maternity Benefit Act of 1961.

6.3 PUNISHMENTS
The new law has also strengthened the penalties that apply when an employer violates any of the code's
maternity benefit related clauses. Employers are subject to punishment under Section 133 of the Code,

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which includes up to six months in prison, a fine of up to INR 50,000, or both, if they fail to give maternity
benefits to their employees as required by law.
The Maternity Benefit Act, 1961, on the other hand, established a minimum sentence of three months'
imprisonment, with the possibility which extend to one year's imprisonment, and a minimum fine of INR
2000, with the possibility which extend to INR 5000.
If the same person commits the same offense again, failing to provide maternity benefits to a woman who
is entitled to them under the code, they will face a minimum two-year sentence in prison, with a maximum
three-year term, as well as a fine of INR 3,00,000. In comparison, the Maternity Benefit Act, 1961
provided that repeated offenders might face a year in prison, a fine of up to INR 5000, or both. This is
significantly more severe than what is in place now.
When a company commits the offense of failing to provide maternity benefits to a woman who is entitled
to them under the Code, everyone who was directly in charge of the company's business conduct at the
time of the offense and was accountable to the company for that conduct will be considered guilty of the
offense and will face appropriate legal action and punishment.
Additionally, in cases where a company is found to have committed the offence and it is demonstrated that
the offence was carried out with the knowledge or cooperation of, or due to any negligence on the part of,
a director, secretary, or other officer of the company will also be presumed guilty of the offence and will
be subject to appropriate legal action and punishment. If the director, secretary, or other official can
demonstrate that they were unaware of the offense or that they took all reasonable precautions to stop it
from happening, they won't be prosecuted.
a. PRIOR OPPORTUNITY BEFORE PROSECUTION
Before starting a prosecution against an employer for failing to provide maternity benefits to a woman
who is entitled to them under the Code, the Inspector cum-Facilitator must first give the employer a chance
to comply with the relevant provisions by issuing a written direction that specifies a deadline for
compliance. If the employer fulfils the direction within the deadline, no prosecution will be brought
against them.
An employer will not, however, be granted this opportunity if the first offense of failing to provide
maternity benefits is committed again within a three-year period. Chapter XII of the Code's provisions
shall govern the prosecution's initiation in such circumstances.
b. OFFICE BEARERS OF TRADE UNIONS CAN’T FILE COMPLAINT IN COURT
A complaint regarding the commission of an offence under this Act may be filed in any court with
competent jurisdiction by any office-bearer of a trade union registered under the Trade Unions Act, 1926
(16 of 1926) of which the aggrieved woman is a member, or by any voluntary organization registered
under the Societies Registration Act, 1860 (21 of 1860). This is in addition to the Inspector and the
aggrieved woman who was denied maternity benefits.
Nevertheless, this is no longer possible for certain office bearers and voluntary organizations. A court of
competent jurisdiction may only be approached by the aggrieved woman and the Inspector-cum-facilitator
under Section 136 of the Code to take notice of any offense.

7. Social security for women protection

Any industry with ten or more employees is subject to the Working Conditions Code. Furthermore,
regardless of the workforce size, this Code applies to all establishments that do dangerous or life-
threatening labour.

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All covered establishments must have sufficient and appropriate facilities for male and female employees
to use separately for washing facilities, under this code. Additionally, facilities for male, female, and
transgender employees to use lockers and separate bathing areas must be given. Women are now able to
be engaged for all forms of labor under a new clause in this Code, which was previously not the case.
Women can now work before 6:00 a.m. and after 7:00 p.m. with their consent. In circumstances when the
government believes that the employment of women is necessary (for their health and safety), the
government may require the employer to provide suitable protections prior to the employment of women
at such establishments. Overall, there are minor adjustments made to the Labour regulations in terms of
vulnerable parts of society; yet, these improvements, however minor they may be, are welcome, and have
at least begun the work of bringing our outdated laws into the twenty-first century that we live in. While
the Labour Codes face criticism from our country's intelligentsia in other areas, in terms of welfare
provisions for women and trans people, the Labour Codes have made a promising start toward
modernizing the laws to fit our country's ever-changing work environment. Following an examination of
the Act's many sections, it is possible to conclude that Maternity Benefit under the new law is a boon for
working women in the sense that they are not job insecure throughout their maternity time. This statute
regulates women's employment and provides them with maternity and other benefits.

8.Analytical view
8.1 PATERNAL LEAVE
South Korea offers 53 weeks of paid paternity leave, whereas Japan offers 30 weeks of paid paternity
leave but in India Paternity leave is only available to government employees for up to 15 days under
paternity benefit guidelines introduced by the government in 1999. Male employees in the private sector
continue to be denied this perk because there is no regulation mandating it. Despite the lack of a law
requiring the private sector to offer paternity benefits. A few multinational companies in India have
provided these essential benefits to their male employees.

8.2 GENDER NEUTRAL LAWS

Because same-sex couples cannot naturally conceive pregnant, they do not enjoy the same advantages as
heterosexual couples. When it comes to obtaining maternity benefits, transgender and gender
nonconforming people face a number of obstacles. The need of the hour is to advance inclusivity and
guarantee that these advantages are available to everyone, irrespective of gender identity, expression, or
sexual orientation. With the help of the Transgender Persons Act and the dynamic interpretation of the
Maternity Benefit Act, transgender employees should no longer face discrimination in the workplace and
be granted access to maternity benefits. However, it would be advantageous if the Maternity Benefit Act
clearly addressed the rights of all genders seeking to become mothers.

Conclusion:
The Amendment Act becomes effective on April 1, 2017. Beginning on April 1, 2017, all establishments
that were subject to the Amendment Act were required to update their maternity benefit policies to comply
with the Act. Everyone applauds the modifications brought about by the Amendment Act. The Amendment
Act does, however, need clarification in a few different areas. It's unclear if women who are presently on
maternity leave will also be eligible for additional maternity benefits. Furthermore, it's unclear why there
is a separate effective date for implementing the "work from home" option when the Maternity Benefit

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Amendment Act only permits employers to offer this option to women based on the type of work they
perform, not because it's a legal requirement. The employer must spend extra money on capital and
operating expenses in order to comply with standards such as creche facilities. Gender discrimination shall
be avoided in order to guarantee that both parents participate in raising their children and to keep women
from lagging behind men because of absenting himself from parenthood responsibilities. The entire cost
of offering employees leave will fall on the establishments. The majority of nations split the cost of paid
maternity leave between the government, the employer, the insurance company, and additional social
security schemes. The author would like to seek some clarification on these perplex.

Reference:
1. http://www.helplinelaw.com/employment-criminal-and-labour/METB/maternity-benefits-under-the-
maternity-benefits-act-1961.html
2. https://lawtimesjournal.in/scope-and-nature-of-maternity-benefit-laws/
3. Rights for working woman – USDAW speaks out journals
4. The Maternity Benefit Act, 1961 – Universal’s Bare Act, 2021
5. https://www.pillsburylaw.com/en/news-and-insights/indian-maternity-benefit-amendment-act-
2017.html
6. Critical Analysis of Maternity Benefits In India Under The Social Security Code, 2020
(legalserviceindia.com)
7. A critique of maternity benefits under the Code on Social Security, 2020 - iPleaders
8. Maternity Benefit Act: Maternity Leave Applicability, Rules, Eligibility, Benefits (cleartax.in)
9. Critical Analysis of Maternity Benefits In India Under The Social Security Code, 2020
(legalserviceindia.com)

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