Salient Features of the Maternity Benefit Act, 1961

Salient Features of the Maternity Benefit Act, 1961

1. Objective of the Act

• The Maternity Benefit Act, 1961 was enacted to regulate the employment of women during the period of maternity.
• It aims to provide maternity leave and other benefits to women employees in certain establishments.
• It seeks to protect the dignity of motherhood and ensure the health and welfare of both the mother and the child.

2. Applicability of the Act (Section 2)

• Applicable to:
  • Every establishment, including factories, mines, and plantations.
  • Shops or establishments employing 10 or more employees.
  • Applicable to women employed either directly or through an agency.
• Does not apply to establishments covered under the Employees’ State Insurance Act, 1948, unless the employee is not qualified for maternity benefits under that Act.

3. Eligibility for Maternity Benefit (Section 5)

• A woman is entitled to maternity benefits only if:
  • She has worked in the establishment for at least 80 days in the 12 months immediately preceding her expected delivery date.
• She shall be paid at the average daily wage for the period of absence.

4. Duration of Maternity Leave (Section 5)

• 26 weeks of maternity leave for women having less than two surviving children.
  • Not more than 8 weeks shall precede the expected delivery date.
• 12 weeks for women having two or more surviving children.
• For adopting mothers (Section 5(4)):
  • 12 weeks from the date of adoption of a child below 3 months.
• For commissioning mothers (surrogacy):
  • 12 weeks from the date the child is handed over.

5. Prohibition of Employment during Maternity (Section 4)

• No employer shall knowingly employ a woman during the six weeks following delivery, miscarriage, or medical termination of pregnancy.
• A woman shall not work during this period.

6. Payment of Maternity Benefit (Section 6)

• Maternity benefit is payable in advance for the prenatal period and the balance after delivery.
• Paid at the rate of average daily wages.

7. Leave for Miscarriage or Medical Termination (Section 9)

• Entitled to 6 weeks’ leave with wages immediately following a miscarriage or medical termination of pregnancy.

8. Leave for Illness Arising Out of Pregnancy (Section 10)

• Up to one month’s leave with wages in case of illness arising out of pregnancy, premature birth, delivery, miscarriage, or medical termination.

9. Nursing Breaks (Section 11)

• Two nursing breaks per day till the child attains the age of 15 months.
• In addition to regular intervals of rest allowed to her.

10. Prohibition of Dismissal during Absence (Section 12)

• It is illegal to dismiss or discharge a woman employee while she is on maternity leave.
• If dismissed, she is still entitled to receive maternity benefit.

11. Medical Bonus (Section 8)

• If no pre-natal and post-natal care is provided by the employer, the woman is entitled to a medical bonus of ₹3,500 or as notified by the government.

12. Duties of the Employer (Section 19 & 20)

• Maintain records of employment, maternity benefits, etc.
• Ensure no denial of benefits.
• Penalties for contravention include imprisonment up to 1 year or fine up to ₹5,000 or both.

13. Amendments by Maternity Benefit (Amendment) Act, 2017

• Enhanced leave from 12 to 26 weeks.
• Introduced maternity leave for adoptive and commissioning mothers.
• Mandated the provision of crèche facilities for establishments having 50 or more employees.
• Allowed work-from-home option post maternity period, based on mutual agreement.

14. Crèche Facility (Section 11A)

• Every establishment with 50 or more employees must provide a crèche facility within the prescribed distance.
• The woman is allowed four visits per day, including rest intervals.

15. Enforcement and Penalties (Section 21-24)

• Inspector is empowered to ensure compliance.
• Non-compliance is punishable with imprisonment up to 1 year and/or fine.

Conclusion

The Maternity Benefit Act, 1961 is a welfare legislation aiming to balance women’s right to work and motherhood. With its recent amendments, the Act reflects the progressive outlook of labour law in India and strives to promote gender equity in the workplace.

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