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CONTENTS
1. Introduction
2. Definition
3. Applicability of the Maternity Act
4. Eligibility for Maternity leave
5. Benefits of Maternity Leave
6. New Inclusions
7. Application of Act
8. Conclusion
3. MATERNITY BENEFIT ACT
In many instances’ employers would even terminate the services of women workers
if the productivity of these workers was found to be affected due to maternity.
This was a dubious condition for women workers: either they had to strain
themselves to safeguard their job and thus jeopardize their own health and the health
and the health of their new born, forego their employment on account of maternity.
And hence Maternity Benefit Act came into force in the year 1961 with the objective
of safeguarding the dignity of motherhood and providing healthy care to mother and her
child.
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Introduction
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This Act ensures the rights of a pregnant woman will be looked after even when she
is at home taking care of her child. Apart from the benefits provided to mother and
her child, this Act also puts some obligations on the part of the Employer.
It was thus perceived largely that an employer must be considerate and sympathetic
towards women workers, and a legislation that must keep in perspective the
physical difficulties a working woman would face in performing her duties during
pre-and post-natal periods was also needed.
The Maternity Benefit Act,1961 is an example of the attempts by the Government
of India to move legislations to ensure social security of women.
5. The Maternity (Amendment) Bill 2017,an amendment to the Maternity Benefit Act,
1961, was passed in Rajya Sabha on August 11, 2016; in Lok Sabha on March 09,
2017, and received an assent from President of India on March 27, 2017.
The provisions of The Maternity Benefit (Amendment) Act, 2017 are effective from
April 1, 2017. However, provision on crèche facility (Section 111 A) shall be effective
from July 1, 2017.
The Maternity Benefit Act 1961 protects the employment of women during the time of
her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from
work – to take care for her child. The act is applicable to all establishments employing
10 or more employees.
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An Act to regulate the employment of women in
certain establishment for certain period before and
after child-birth and to provide for maternity benefit
and certain other benefits.
Definition
7. This Act applies to:
Every factory, mine or plantation (including those who are belonging to
Government)
An establishment engaged in the exhibition of equestrian, acrobatic and other
performances, irrespective of the no of employees, and
Every shop or establishment wherein 10 or more persons are working on any day of
the preceding 12 months.
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Applicability of the Maternity Act
8. A woman is eligible to claim maternity benefits under the following conditions:
Women employed in any establishment, whether directly or through any agency are
eligible to claim maternity benefits
The employee should have worked for her employer at least 80 days in the last 12 months
A woman could request her employer to assign her light work to avail maternity benefits.
This request should be made at least before 10 weeks of her date of expected delivery.
The woman should produce a certificate 10 weeks before her delivery to the employer
confirming her pregnancy.
The employee needs to give written notice to the employer before 7 weeks of her date of
delivery regarding her absence period.
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Eligibility for Maternity leave
9. Employees are entitled to get paid while they are on maternity leave
The compensation is calculated on her average daily earning over a 3-month period as
soon as the leave begins.
The Act states that 10 weeks up to the date of delivery, no pregnant employee should be
given difficult tasks that may affect both mother and child.
The employee has the right to the creche facility when she returns to her job after the
maternity leave if an establishment has more than 50 employees.
Maternity leave is available for mothers adopting a new-born (less than three months
old) and the duration is 12 weeks from the date of adoption. There is no provision for
adoption of older children.
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Benefits of Maternity Leave
10. 5(3): Extended Benefit limited only up to two children The extended benefit of
26 weeks i.e. 8 weeks pre and 18 weeks post expected date of delivery, is limited
to a woman up to 2 children. They shall continue to be entitled for 12 weeks of
paid maternity leave (as per earlier rule) i.e. 6 weeks pre and 6 weeks post
expected date of delivery for the third child onwards.
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New Inclusions
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Sec 5(4): Significance given to “Commissioning Mother” “Commissioning mother:
A biological mother who uses her egg to create an embryo implanted in any other
woman”. This means even if modern medical technology is used via Surrogacy, the
biological mother shall get the benefit of maternity leave. However, the entitlement
of maternity leave in this case shall be for a period of 12 weeks from the date the
child is handed over to her.
Sec 5(5): Provision for working from home Depending upon the nature of work
and if such work can be executed from home, on terms and conditions mutually
agreed between the employer and the employee.. This is effective from July 01st
2017 onwards
12. The President of India has given his assent to the Maternity Benefit (Amendment) Act,
2017 (“Amendment Bill”) that has made changes in some of the provisions of over 55-
year-old law i.e. The Maternity Benefit Act, 1961 (“The Original Act”) entitling certain
benefits to women employees. The New Act provides more ease to women falling under
the Maternity benefit Scheme. Some of the applications of the New Act are:
1. Increased Paid Maternity Leave
2. Maternity leave for adoptive and commissioning mothers
3. Work from Home option
4. Crèche facility
5. Awareness about maternity benefits
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Application of Act
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1. Increased Paid Maternity Leave:
The Maternity Benefit Amendment Act has increased the duration of paid
maternity leave available for women employees from the existing 12 weeks to 26
weeks. Under the Maternity Benefit Amendment Act, this benefit could be availed
by women for a period extending up to a maximum of 8 weeks before the
expected delivery date and the remaining time can be availed post childbirth. For
women who are expecting after having 2 children, the duration of paid maternity
leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of
delivery).
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2. Maternity leave for adoptive and commissioning mothers:
Maternity leave of 12 weeks to be available to mothers adopting a
child below the age of three months from the date of adoption as well as
to the “commissioning mothers”. The commissioning mother has been
defined as biological mother who uses her egg to create an embryo
planted in any other woman.
15. 3. Work from Home option:
The Maternity Benefit Amendment Act has also introduced an enabling
provision relating to "work from home" for women, which may be exercised after
the expiry of the 26 weeks' leave period. Depending upon the nature of work,
women employees may be able to avail this benefit on terms that are mutually
agreed with the employer.
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4. Crèche facility:
The Maternity Benefit Amendment Act makes crèche facility mandatory for
every establishment employing 50 or more employees.[4] Women employees would
be permitted to visit the crèche 4 times during the day (including rest intervals)
The Maternity Benefit Amendment Act makes it mandatory for employers to
educate women about the maternity benefits available to them at the time of their
appointment.
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5. Awareness about maternity benefits:
Every establishment is required to intimate in writing and electronically to
every woman at the time of her initial appointment regarding every benefit
available under the Amendment Bill. The Original Act was silent on these aspects.
The Amendment Bill shall help approximate 1.8 million women workforce in
organized sector, and regulate grant of maternity benefit to women employees in
certain establishments. India is at the third position globally in terms of the number
of weeks of maternity leave after Canada (50 weeks) and Norway (44 weeks).
18. After analysing various provisions of the 1961 act and related cases it can be
concluded the maternity benefit act, 1961 is a boon for the working women in the
sense that they do not have job insecurity during their maternity period.
The Maternity Benefit Act,1961 is an example of the attempts by the
Government of India to move legislations to ensure social security of women. The
Maternity Benefit Act 1961 protects the employment of women during the time of
her maternity and entitles her of a ‘maternity benefit’
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CONCLUSION
