What is Maternity Benefit Act?
The Maternity Benefit Act, 1961, is legislation in India that safeguards the rights of working women by providing them with paid maternity leave and other related benefits. Its primary purpose is to ensure the well-being of both the mother and the child by enabling women to take time off from work during pregnancy and after childbirth without worrying about job security or income.
Key Provisions of the Maternity Benefit Act:
Applicability:
The Act applies to all establishments employing 10 or more workers, including factories, mines, plantations, shops, and other commercial establishments.
Eligibility:
A woman must have worked for at least 80 days in the 12 months preceding her expected delivery date to be eligible for maternity benefits.
Maternity Leave:
Women are entitled to 26 weeks of paid maternity leave for their first two children.
For subsequent children, the leave entitlement is 12 weeks.
In the case of adoption or surrogacy, women are eligible for 12 weeks of maternity leave, provided the child is below 3 months old.
Medical Bonus:
Employers must provide a medical bonus if no prenatal or postnatal care is provided by the employer, as specified by the state.
Prohibition of Dismissal:
Employers cannot dismiss or terminate a woman employee during her maternity leave. Additionally, no deductions can be made from her wages during the leave period.
Work from Home:
Women can avail the option of working from home post-maternity leave, based on mutual agreement with the employer and the nature of work.
Nursing Breaks:
Women are entitled to two nursing breaks during working hours after returning to work, until the child is 15 months old.
Protection Against Discrimination:
Employers cannot discriminate against women based on their maternity status, and it is illegal to deny maternity benefits to eligible employees.
Objective of the Act:
The Act aims to:
Protect the health of the mother and child.
Ensure financial security for women during maternity.
Promote gender equality in the workplace by supporting women’s career continuity.
The Act has undergone several amendments, with the most significant being in 2017, which increased the maternity leave period from 12 weeks to 26 weeks and introduced provisions for adopting mothers and surrogate mothers.