Introduction
Maternity Benefit is one of the most important social security measures provided to working women in India. It ensures that a woman employee can take time off from work before and after childbirth without losing her job or her income. The main legislation governing maternity benefit in India is the Maternity Benefit Act, 1961, which has been significantly amended by the Maternity Benefit (Amendment) Act, 2017 — one of the most progressive amendments to labour law in recent years.
The Maternity Benefit Act, 1961 was enacted to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits. The Act gives effect to the constitutional directive under Article 42 of the Constitution of India, which directs the State to make provision for just and humane conditions of work and for maternity relief.
India is also a signatory to the International Labour Organization (ILO) Maternity Protection Convention, which sets international standards for maternity protection at the workplace.
Applicability of the Act
The Maternity Benefit Act, 1961 applies to:
- Every factory, mine, and plantation
- Every establishment where persons are employed for the exhibition of equestrian, acrobatic, or other performances
- Every shop or establishment with 10 or more employees
- The Central Government can extend the Act to any other establishment
Eligibility for Maternity Benefit
Under Section 5 of the Act, a woman employee is entitled to maternity benefit if she has worked in the establishment for at least 80 days in the 12 months immediately preceding the date of her expected delivery.
Key Provisions of the Maternity Benefit Act, 1961
1. Prohibition of Dismissal During Absence (Section 12)
An employer cannot dismiss or discharge a woman employee during the period of her maternity absence. Any dismissal during this period is illegal and the woman is entitled to receive maternity benefit as if she had not been dismissed.
2. No Deduction of Wages (Section 4)
An employer cannot reduce the wages of a woman on account of any leave taken by her during pregnancy. The woman is entitled to her full wages during the maternity leave period.
3. Light Work (Section 4)
A pregnant woman who has been working in the establishment for more than 10 weeks before her expected delivery date is entitled to request the employer to assign her light work (i.e., work that does not require heavy physical effort) for a period of one month before her delivery date.
4. Medical Bonus (Section 8)
Every woman entitled to maternity benefit is also entitled to a medical bonus of ₹3,500 if no pre-natal confinement and post-natal care is provided free of charge by the employer. This amount can be increased by the Central Government.
5. Nursing Breaks (Section 11)
Every woman who returns to work after childbirth is entitled to two nursing breaks per day in addition to her regular rest intervals, until the child is 15 months old. This allows the mother to breastfeed her child during working hours.
6. Creche Facility (Section 11-A) — Added by 2017 Amendment
Every establishment with 50 or more employees must provide a creche facility either within the establishment or within a prescribed distance. The woman employee is allowed 4 visits per day to the creche, including the nursing breaks.
The Maternity Benefit (Amendment) Act, 2017 — Key Changes
The Maternity Benefit (Amendment) Act, 2017 is one of the most significant amendments to labour law in India in recent years. It came into force on 1st April, 2017 and made the following major changes:
1. Increase in Maternity Leave — Section 5
The most important change made by the 2017 Amendment is the increase in paid maternity leave:
Before Amendment:
- Maternity leave was 12 weeks (3 months)
- Maximum 6 weeks before delivery and 6 weeks after delivery
After 2017 Amendment:
- Maternity leave increased to 26 weeks (approximately 6.5 months) for women with less than 2 surviving children
- Maximum 8 weeks before delivery and remaining after delivery
- For women with 2 or more surviving children, maternity leave remains 12 weeks
This makes India one of the countries with the longest paid maternity leave in the world, after Canada and Norway.
2. Maternity Leave for Adoptive and Commissioning Mothers — Section 5(4) and 5(5)
The 2017 Amendment extended maternity benefit to:
(a) Adoptive Mothers — A woman who adopts a child below 3 months of age is entitled to 12 weeks of maternity leave from the date of adoption.
(b) Commissioning Mothers — A commissioning mother (a woman who uses her egg to create an embryo planted in another woman, i.e., surrogacy) is entitled to 12 weeks of maternity leave from the date the child is handed over to her.
This was a landmark change that recognized the rights of non-biological mothers to maternity benefit.
3. Work from Home Option — Section 5(5)
The 2017 Amendment introduced a new provision allowing women to work from home after the expiry of the maternity leave period, if the nature of their work permits. The terms and conditions of working from home are to be mutually agreed upon between the employer and the woman employee.
This is a very progressive provision that acknowledges the reality of modern workplaces and the need for flexibility for new mothers.
4. Mandatory Creche Facility — Section 11-A
As mentioned above, the 2017 Amendment made it mandatory for every establishment with 50 or more employees to provide a creche facility. The woman employee is entitled to visit the creche 4 times a day, including during nursing breaks.
5. Disclosure of Maternity Benefit in Appointment Letter
The 2017 Amendment requires every employer to inform every woman employee about the maternity benefits available to her at the time of her appointment. This must be done in writing and electronically.
Payment of Maternity Benefit
Amount of Benefit
Under Section 5, the maternity benefit is payable at the rate of the average daily wage for the period of maternity leave. The average daily wage is calculated based on the wages earned in the 3 months preceding the date of absence.
How it is Paid
- Before delivery — The woman can claim maternity benefit for the period preceding the delivery by giving a written notice to the employer
- After delivery — The remaining benefit is paid after the delivery upon submission of proof of delivery
Employer's Obligation
The employer must pay the maternity benefit within 48 hours of the woman giving notice and submitting proof of delivery.
Forfeiture of Maternity Benefit
Under Section 12(2), a woman forfeits her right to maternity benefit if she takes employment with another employer during the period of her maternity leave. This is because the benefit is meant to allow the woman to rest and care for her child, not to work elsewhere.
Penalties for Non-Compliance
Under Section 21 of the Act, if an employer fails to pay maternity benefit or dismisses a woman employee in violation of the Act, he shall be punishable with:
- Imprisonment of 3 months to 1 year, OR
- Fine of ₹2,000 to ₹5,000, OR
- Both imprisonment and fine
Role of Inspector
Under Section 14, the appropriate government appoints Inspectors to ensure compliance with the Act. Inspectors have the power to:
- Enter any establishment at any time
- Examine registers and records
- Examine any person employed in the establishment
- Take copies of registers and documents
Important Case Laws
1. Municipal Corporation of Delhi v. Female Workers (2000)
The Supreme Court held that the Maternity Benefit Act applies to daily wage workers employed in municipal corporations. The court held that denying maternity benefit to daily wage workers is unconstitutional and violates Articles 14 and 21 of the Constitution.
2. B. Shah v. Presiding Officer, Labour Court (1977)
The Supreme Court held that maternity benefit is payable for Sundays and holidays falling within the maternity leave period. The court held that the Act must be interpreted liberally in favour of women employees.
3. Smt. Rachna Chaurasia v. State of UP (2014)
The Allahabad High Court held that a woman cannot be denied maternity benefit on the ground that she is a contractual or temporary employee. The court held that maternity benefit is a fundamental right of every working woman.
4. Rasitha M.P. v. State of Kerala (2017)
The Kerala High Court held that the 2017 Amendment granting 26 weeks of maternity leave applies to all women employees including government servants, and that any rule providing for lesser maternity leave is void to the extent of inconsistency with the Act.
5. Kavitha Krishnan v. State of Kerala (2018)
The High Court held that the work from home option introduced by the 2017 Amendment is a right of the woman employee and not merely a concession, and that employers must genuinely consider requests for work from home made by women after maternity leave.
Significance of the 2017 Amendment
The Maternity Benefit (Amendment) Act, 2017 is significant for the following reasons:
- It makes India's maternity leave among the most generous in the world
- It recognizes the rights of adoptive and commissioning mothers
- It introduces the concept of work from home in Indian labour law for the first time
- It ensures that women are informed of their rights at the time of appointment
- It provides for creche facilities to help working mothers balance work and childcare
However, critics have pointed out that the increased maternity leave may discourage some employers from hiring women, particularly in the unorganized sector. The government and courts need to ensure that this benefit does not inadvertently lead to discrimination against women in hiring.
Conclusion
The Maternity Benefit Act, 1961 as amended by the Maternity Benefit (Amendment) Act, 2017 is one of the most progressive pieces of labour legislation in India. It recognizes that motherhood is not just a personal matter but a social responsibility that deserves support and protection from the State and employers. By providing for 26 weeks of paid maternity leave, extending benefits to adoptive and commissioning mothers, introducing work from home options, and mandating creche facilities, the 2017 Amendment has brought Indian maternity law in line with international standards and constitutional values. The Act embodies the principle that women should not have to choose between their careers and their families, and that the workplace must be inclusive and supportive of working mothers. It is a landmark step towards gender justice and social security for women workers in India.
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