Maternity Benefit Act
Maternity Benefit Act Definition
The Maternity Benefit Act, 1961 is the legislation that grants maternity benefits to employed women in India. The Maternity Benefits Act applies to all establishments, including all commercial and public organizations.
Workplace maternity benefits are crucial to guaranteeing job stability, upholding women’s financial rights and enabling them to meet their responsibilities as mothers. It gives women being pregnant, or expecting, paid time off from work for the period before and after their child is born.
Let’s dive in and understand everything about this act!
Here, we will discover:
- Understanding Maternity Benefit Act 1961
- What is the Maternity Benefit Act 2017?
- Eligibility Criteria for Maternity Leave
Understanding Maternity Benefit Act 1961
The Indian Parliament adopted the Maternity Benefit Act, 1961, which regulates the provisions for maternity leave and benefits, and the legislation in India provides for a long period of maternity benefits which includes numerous benefits such as medical benefits, paid time-off and breaks for nursing.
This legislation supports a woman at the time of the birth of a kid. This legislation is enacted to provide measures for the protection of the employment of women during the time of maternity. It also provides full relief to women employees and their families to maintain her during the period of their immediate absence and secure their job in return.
It is also for the safeguard and preservation of motherhood and to provide for the best possible conditions for her care and upbringing and nursing of her children, consistent with the requirement of the child as well as the need to provide the mother with an opportunity to make earnings.
According to law, the maximum time off given to women working at an officially recognized establishment and factory is 6 months. Female workers will not work for the specified period before and after the birth, and it will be attached to the birth date. To the female worker who is not on leave, the employer will be obliged to pay her full wage.
What is the Maternity Benefit Act 2017?
Several amendments have been made to the Maternity Benefit Act 1961 to ensure the protection and welfare of female employees. In 2017, the Maternity Benefit Act 1961 was amended to make changes in several provisions — an increased duration of maternity leave, provision for working from home and the mandatory provision of crèche in respect of female employees who adopt a child.
The act outlines the following components:
- Increase in the Duration of Maternity Leave
The law mandates at least 12 weeks of maternity leave. The 2017 revision to the Act authorized a 26-week leave periods for all women. The 2017 revision mandates that maternity leave is available to a woman up to delivery of her first two children. For the first six weeks of leave prior to the delivery date and the following 18 weeks of leave after delivery. For the third and any subsequent child, the leave period is for 12 weeks.
- Maternity Leave All Types of Mothers
The amendment to the act also grants a 12-week leave to women who adopt a child below the age of 3 months legally as well as commissioning mothers. The commissioning mother is the biological mother who supplies her egg to create the embryo planted in any other woman. A 12-week leave will commence from the date the child is given to the commissioning or adoptive mother.
The 2017 amendment says that an employer can allow a woman — if the nature of her work permits it while she is pregnant — to work from her home. After her maternity leave ends, a woman has the option of using the “work from home” alternative for 4 months, or for the period of leave already availed by her, whichever is longer.
According to the 2017 amendment, organizations with 50 or more employees are required to have nearby childcare services accessible to their employees. The employer is required to grant the mother four daily visits to the daycare facility. When the amendment becomes an applicable law, companies will sufficiently address her period of inactivity along the way.
Eligibility Criteria for Maternity Leave
The Maternity Benefit Act is applicable to all establishments, including private sector firms, government positions, mines, plantations, factories and shops or establishments with 10 or more employees. Women employed in establishments with less than 10 employees and self-employed women irrespective of the employment and type of work are exempted under the Maternity Benefit Act.
There you go!
That’s everything you must know about the maternity benefit act. Now that you know everything about it, start prioritizing this benefit in the time ahead.