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Maternity Benefit Act 1961 & Amendments – Easy Understanding 2024

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Maternity Benefit Act, 1961: Understanding the basics

Women form an important and integral section of the workforce in India. Data from the Periodic Labour Force Survey (PLFS July 2021-June 2022) on women’s employment shows 29.4% of women aged between 15-59 were part of India’s labour force in 2021-22. In one report from 2011-2012, more than 80% of women in the Asia-Pacific region, including India, are employed in vulnerable jobs that lack the protection of labor laws. The Maternity Benefit Act 1961 aims to secure women’s employment during maternity leave and, most importantly, motherhood’s dignity.

Links to the official documents are added at the end of the article for your easy reference. Please note that this is not legal advice/ suggestions. We are sharing the information based on online sources/websites. This is for informational purposes only.

In addition to protecting the rights of women, maternity rights also offer financial assistance to the biological mother before and after childbirth, including pre-and post-natal care. The act shall apply to all establishments having 10 or more employees. The act was further amended under the Maternity Amendment Bill in 2017.

After all the amendments, the Maternity Benefit Act covers most aspects of leaves and ways to eliminate the obstacles women face when they embark on motherhood.

 

Applicability of the Act

 

In terms of Section 2(1)(a), the act applies to all establishments mentioned under:

  • Factories
  • Plantations
  • Mines
  • Shops or establishments employing 10 or more people (this also includes the private sector)
  • Government organisations
  • Government offices falling under the purview of the central government
  • Establishments employing women for the exhibition of equestrian, acrobatics, and other performances
  • The act makes contractual employees also eligible for 26 weeks of maternity leave. However, a pregnant woman is not entitled to maternity benefits after the contract period’s expiry.

 

Who Is Eligible to Receive Maternity Benefits Under the Act?

 

In Section 5(2) of the Act, a woman should have completed at least 80 days of service in the establishment before the expected delivery date to be eligible for the maternity leave benefit scheme. Earlier, the minimum eligibility period was 160 days. However, per amendments made in 2017, the required service period has been reduced to 80 days.

 

Duration of Leave

 

The maternity leave period varies from case to case and is as follows:

  • The act allows 26 weeks of leave for a woman for her first two children
  • The pregnant employee can take up to 8 weeks of maternity leave before delivery and 18 weeks after post-delivery.
  • A woman with two children can avail of 12 weeks of leave subject to the condition that up to 6 weeks of leave shall be taken before the delivery and the remaining 6 weeks after childbirth.
  • In case of adoption, the adoptive mother is entitled to 12 weeks of leave (from the date of handover of the child) for a child below the age of 3 months.
  • In the case of surrogacy, 12 weeks of leave is valid for a commissioning mother (surrogate mother) from the day of the handover of such a child.
  • In case of miscarriage, a woman can avail of maternity leave of 6 weeks, starting from the date of termination of pregnancy, on producing proof (Section 6 of the Act)
  • The maternity leave policy also allows leave for 2 weeks for a woman employee who has undergone surgery for a tubectomy. The leave must commence from the operation date and on the production of proof (Section 9(A)).
  • The act allows 1 month of leave for women suffering from medical problems arising from pregnancy, miscarriage, premature birth, delivery, medical termination, tubectomy, etc.

 

Important Sections of the Act:

 

  • Section 7: If a woman survives, but the child does not, the maternity benefit of the duration of leave shall still be provided.
  • Section 6: A woman employee must officially notify human resource management about the maternity leave mentioning the date from which she will begin her leave and the nominee in case of death. The commencement date for maternity leave should not exceed 8 weeks before the expected delivery date.
  • Section 6(5): The compensation for maternity benefits liable for payment before the delivery shall be paid in advance. For the maternity benefits payable post-childbirth, payment shall be made within 48 hours post-delivery on the production of proof.
  • Section 12: It states that in case of gross misconduct, human resource management can dismiss the employee or deprive her of maternity benefits by giving an order in writing.
  • Section 5 (1): In this section, every woman is entitled to maternity benefits calculated at the average daily wage rate for her maternity period. Simply put, a woman is entitled to be fully paid for the entire period of maternity leave.
  • Section 4: Considering the physical difficulties a woman undergoes during pregnancy and even after childbirth, the act includes provisions to restrict certain types of work to ensure the health of pregnant women at work. Work of arduous nature, demanding long hours of standing, or work likely to cause miscarriage or other health hazards to the mother or unborn child are restricted under the act.
  • Section 11: It mentions the nursing breaks entitled to a woman resuming work after maternity leave. Every woman is entitled to two nursing breaks of the appropriate duration each day during her work hours until the child is 15 months old.
  • Section 11 (A): According to Section 11(A) of the Act, every establishment with more than 50 employees must have a creche facility for the infant. The mother should be permitted four visits to the creche daily, including the nursing breaks.

 

Filing a complaint under the Maternity Benefit Act of 1961

 

If a woman is denied maternity or medical benefits, dismissed/discharged from her employment, or removed while on maternity leave, she has sixty days to appeal the decision. She can do this by registering her complaint with a designated inspector under the Maternity Benefit Act 1961. 

If the woman disagrees with the inspector’s judgement, she has 30 days to present the suggested expert with a counteroffer. As a last resort, she may also initiate a lawsuit within a year if she objects to the inspector’s requests or if a more substantial legal matter is brought up.

To lodge a complaint related to the maternity benefit act, you have to sign up on SAMADHAN portal.

You can also lodge complaints via the UMANG app. SAMADHAN is integrated with the UMANG app.

You can also approach the National Commission for Women to file a complaint under the maternity benefit act. 

 

Penalties for Non-Compliance Under Maternity Benefit Legislation

 

  • Section 21 of the Act: Failure to pay maternity benefits or discharge or dismissal of the mother on account of absence due to pregnancy from the employment (except in cases of gross misconduct) –
  • Imprisonment up to 3 months or a fine of up to INR 500 or both.
  • Section 22 of the Act: An employer disobeying any provisions regarding maternity benefits or payment of any other amount. If an inspector demands a document and the employer fails to submit or conceals a document or prevents a female employee from appearing before the inspector –
  • Imprisonment for up to 3 months or a fine of INR 500 or both.

 

Medical bonus under Maternity Benefit Act in 2024

 

Medical Bonus Provision: Every woman who is entitled to maternity benefit under the Maternity Benefit Act shall also be entitled to receive from her employer a medical bonus.

 

Amount of Medical Bonus: The amount of the medical bonus was initially set at twenty-five rupees under the original Act.

 

Section 8 of maternity benefit act 1961 for medical bonus
Section 8 of the Maternity Benefit Act 1961 for medical bonus

 

Amendment in 2008: The Maternity Benefit Act was amended in 2008, and the medical bonus provision was revised. As per the amendment, every woman entitled to maternity benefit is entitled to receive a medical bonus of one thousand rupees if no pre-natal confinement and post-natal care are provided by the employer free of charge.

 

Maternity benefit act amendment, 2008  for maternity bonus

 

Increase in Medical Bonus: The Central Government has the authority to increase the amount of medical bonus through notification in the Official Gazette. The maximum limit for the medical bonus is set at twenty thousand rupees.

 

medical bonus of rs 20,000 under maternity benefit act amendment 2008

 

What does rule 43 of maternity leave rules say?

 

Rule 43 pertains to the Central Civil Services (Leave) Rules, 1972 (“Leave Rules”) and mentions payment of maternity benefits to only those government employees who have less than two surviving children.

 

Does maternity leave fall under fundamental rights?

 

A woman has the fundamental right to give birth and care for her child. The maternity benefits covered under the act, including maternity leaves, empower women to protect their dignity as a mother, and hence, considering maternity leave a fundamental right would not be wrong.

 

Is the act applicable to the unorganized sector as well?

 

Yes, it applies to the unorganized sectors in India too.

 

Who bears the cost of maternity leave in India?

 

In India, HR roles and responsibilities must compensate for maternity leave for female employees who are expecting or have just given birth. The employer must pay female employees full salary for the entire duration of maternity leave. According to her job contract or other applicable rules, the employee may offer additional maternity benefits or leave days.

 

Wrapping Up

 

The Maternity Benefit Act of 1961 establishes a strong, brave foundation for pregnant women to be confident and secure about employment. It primarily focuses on safeguarding motherhood and providing a stable financial environment for both mother and the child.

The act empowers a woman to have a holistic life for herself and the child. Hence, all the establishments that fall under the purview of the maternity benefit laws must ensure their successful implementation. HR roles and responsibilities must ensure the act’s provisions benefit a woman and assist her with a smooth pregnancy period.

sumHR is an advanced technology-driven platform that aims to provide concrete HR solutions to businesses by maximizing their growth at an affordable cost. The automated system offers expert solutions in various fields, including corporate laws such as maternity benefit policies, payroll processing and taxation, GST matters, and other legal requirements. Visit our website today!

 

References:

 

Maternity benefit Act PDF: The Maternity Benefits Act, 1961

Maternity Amendment Act 2017 PDF : Maternity Benefit (Amendment) Act, 2017

 

Maternity Amendment Act 2008 PDF: THE MATERNITY BENEFIT (AMENDMENT) ACT, 2008 

 

National Commission for Women: Complaint & Investigation Cell | National Commission  for Women

What does rule 43 of maternity leave rules say?

Rule 43 pertains to the Central Civil Services (Leave) Rules, 1972 (“Leave Rules”) and mentions payment of maternity benefits to only those government employees who have less than two surviving children.

Does maternity leave fall under fundamental rights?

A woman has the fundamental right to give birth and care for her child. The maternity benefits covered under the act, including maternity leaves, empower women to protect their dignity as a mother, and hence, considering maternity leave a fundamental right would not be wrong.

Is the act applicable to the unorganised sector as well?

Yes, it applies to the unorganised sectors as well.

Who bears the cost of maternity leave in India?

In India, HR roles and responsibilities must compensate for maternity leave for female employees who are expecting or have just given birth. The employer must pay female employees full salary for the entire duration of maternity leave. According to her job contract or other applicable rules, the employee may offer additional maternity benefits or leave days.
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