What the Maternity Benefit Act, 1961 means for working women

In a developing society where women’s role in all walks of life is getting broader day by day, it was necessary for the government to preserve their self-respect for motherliness and absolute safety for the child to be born. As the numbers of women employees are increasing rapidly in both public and private sector, granting them maternity leave and other benefits and allowances were recommended by the social activists and other women forums across the country.

Before 1961, there was no comprehensive provision in Indian law system for the protection of women working in different private and public sector industrial units. The Maternity Benefit Act came into existence in the year 1961 when the Govt. of India, with a view to provide a certain amount of leave and other benefits for pregnant women, took a never-before initiative. It was a giant leap in the direction of empowering working women during their pregnancy.

Under this Act, no employer, be it a private or Govt., can intentionally keep a woman engaged in work up to six weeks after their delivery or miscarriage. In the same way, a working woman is strictly barred from working anywhere before six weeks of her delivery or miscarriage. The provisions in this Act also include that if the nature of work in which a woman is engaged, involves more physical activities, the seriousness of the case increases manifold.

Imposing all the duties and responsibilities on the employer as determined by the law, the Act entitles each and every woman to take advantage of all the allowances and benefits in both public and private sector firms. Following the Maternity Benefit (Amendment) Act, 2017, the period of paid maternity leave was increased from 12 weeks to 26 weeks, of which not more than 8 weeks may be taken before the expected date of delivery. The 26-week entitlement applies to a woman having fewer than two surviving children; for a woman who already has two or more surviving children, the leave is 12 weeks (of which not more than 6 weeks may be taken before delivery). A woman who legally adopts a child below the age of three months, and a commissioning mother (in surrogacy), is entitled to 12 weeks of maternity leave from the date the child is handed over. The 2017 Amendment also introduced a work-from-home option (where the nature of work allows, on terms mutually agreed) and made it mandatory for establishments with 50 or more employees to provide a creche facility. The Act further directs that a woman who goes on maternity leave will be given her full wages without any deduction. The woman has been power to authorise any person to materialise the benefits and grants on her behalf in case is not able to move to any particular venue. She has to make a declaration that she will not work anywhere during the tenure of maternity leave.

The Act has also a provision that says each and every employer will have to pay the maternity benefits in advance to her pregnant women employees if she expresses the requirement with sufficient proofs of her pregnancy. In case, the life of a woman comes to an end before taking advantages of maternity benefits, the concerned employer will have to pay the entire amounts/benefits/ allowances to her legally prescribed nominee or representative.

No employer is allowed to dismiss or discharge a woman just because her absence in office during pregnancy. The Act empowers woman to file a written compliant if her employer does not follow the rules and regulations as determined by the law. The central Govt. is very strict in getting a flawless execution implemented by different state governments also. Keeping in view the protection and empowerment of working women on the agenda, the Govt. of India has made important amendments to the Maternity Benefit Act, most notably the Maternity Benefit (Amendment) Act, 2017.