Maternity Benefit Act: Eligibility, Rules, Benefits, & More
Updated: Nov 27
Professional maternity benefits are necessary for maintaining job stability, protecting women's financial rights, and helping them with their familial responsibilities. The Maternity Benefit Act of 1961 in India offers all female employees maternity benefits in the form of maternity leave. Pregnant or expecting women can take paid leave known as maternity leave, which they can use before and after the baby is born. In India, any business or organisation must give pregnant women maternity leave. The general health of the mother and newborn infant must be guaranteed. In this article, we will provide a detailed overview of the Maternity Benefit Act.
Table of Content
Understanding Maternity Benefit Act, 1961
The Maternity Benefit Act 1961 (the "Act") regulates maternity leave and benefits in India. The Act provides full maternity benefits, including compensated time off, breastfeeding breaks, and medical bonuses. It also assists women in giving birth to their babies. The livelihood and interests of female employees are safeguarded, and they are given time to care for themselves and their babies. According to the Act, women hired by approved companies and factories are allowed up to six months of maternity leave. Maternity leave is accessible to female employees for up to six months before and after childbirth. The company must pay the female employee her compensation during this leave.
An Overview of the Maternity Benefit Act, 2017
To protect and preserve the interests of female employees, several updates have been implemented in the Maternity Benefit Act of 1961. The Maternity Benefit Act of 1961 was amended in 2017 to include maternity leave for mothers adopting a child, the extension of the maternity leave time, and the possibility to work from home. The following are the provisions of the 2017 Maternity Benefit (Amendment) Act:
Extension of the maternity leave period
A 12-week maternity leave was included in the Act initially. However, after the amendment, this period has been extended. All women are eligible to take a 26-week maternity leave, which was increased by the 2017 Act change. Maternity leave starts eight weeks before the due date and lasts for eighteen weeks. Maternity leave is just 12 weeks for the third and subsequent children when a mother has already had two children.
Commissioning and adoptive mothers' maternity leave
The Act's update also gives commissioning mothers and women who legitimately adopt a child under three months of age 12 weeks of maternity leave. A commissioning mother is a biological mother who creates an embryo from her egg and implants it in another woman. The day the commissioning or adoptive mother receives the kid marks the starting point of the 12-week maternity leave.
The choice to work remotely
According to the 2017 change, if the nature of the work permits it, the employer may allow a pregnant woman to work from home. Following the maternity leave period, the employee and the employer can agree on a time frame for the woman to work from home.
Facilities for creche
The 2017 amendment specified that all companies with 50 or more workers have a choice of local childcare facilities. The mother must be allowed to go to the daycare center four times a day by the employer. Her downtime should be compensated by this.
What is Maternity Leave?
Pregnant staff members of any organisation have the right to paid leave called maternity leave. According to the Act, pregnant women must be given the following leave duration by their employer or organisation both before and after the birth of their child:
All expectant mothers are entitled to 26 weeks of paid maternity leave for the first and second children, with a maximum of 8 weeks leave before the anticipated birth date.
Mothers are allowed 12 weeks of maternity leave for the third and subsequent child.
In the event of a miscarriage or medical-assisted pregnancy termination, a woman can receive six weeks of maternity leave. However, the leave time begins as soon as the miscarriage date occurs, and she could be asked to verify the miscarriage.
From the day the newborn arrives, the mother, adopting or commissioning mothers are eligible to take up to 12 weeks of maternity leave.
New mothers who need more time to recover are eligible for additional leaves. Employers who breach the Act by failing to offer maternity benefits to the mother can be subject to imprisonment as a penalty.
Maternity Leave Applicability & Eligibility
All women working in factories, mines, plantations, and organisations with ten or more employees are protected by the Maternity Benefit Act of 1961. This section discusses who is eligible for maternity leave in India.
Required for Proof of Work
A woman should have worked for her employer for at least eighty days in a year before the date of her expected delivery, according to the Maternity Benefit Act of 1961. She can take advantage of maternity leave and any additional time or benefits her company grants her if she satisfies this criterion.
Indian Motherhood Eligibility
In India, maternity leave is available to all pregnant women, adoptive mothers, and miscarried women who meet the requirements that define the various types of motherhood in the country. Surrogate mothers, also known as commissioning moms, are also eligible for up to 26 weeks of maternity leave, which begins on the day the baby is given to the adoptive parents.
Women who are pregnant
Adopting a kid by women
Women who lose their pregnancies
Commissioning moms or surrogate mothers
Businesses and Domains Included in Maternity Leave
In India, private and public employees who are women are eligible for maternity leave. The Maternity Benefit Act of 1961 guarantees their rights. Any organisation with ten or more employees is covered by the Maternity Act, which also provides maternity benefits to female employees who need time off during pregnancy, childbirth, and afterward. However, women who work for themselves or companies with less than ten workers are exempt from the Indian Maternity Benefit Act.
Maternity Leave Rules in India
Several changes were made in 2017 to meet the modern female workforce. The adjustments became effective in July 2021. The following are a few modifications made to India's maternity laws:
Women are entitled to an extra 6 weeks of leave in addition to the required 26 weeks of maternity leave in specific medical circumstances, such as illness or preterm birth. They may take good care of their newborns and heal as a result.
Pregnancy, childbirth, and postnatal care costs should be paid by the employer, according to the
Women are entitled to get full pay during maternity leave. It ensures monetary stability throughout the rehabilitation phase.
A woman cannot be compelled to perform any physically demanding work that could interfere with her pregnancy by the employer within ten weeks before the due date.
Additionally, for six weeks succeeding the day of the miscarriage, a woman is eligible for maternity benefits.
A nursery facility must be located within a specified radius of any business with 50 or more employees. In addition to the rest period, the mother may visit the creche four times.
After completing maternity leave, a mother can return to work and take four feeding breaks to nurse her kid until the child is 15 months old. A maximum of fifteen minutes can be spent on a breastfeeding break.
All employers must raise awareness about maternity benefits inside their organisations. At the time of appointment, they must provide this information in writing or electronically when they hire a female employee. The Act mandates that the advantages be conveyed.
Maternity Leave Application
According to the Act, a pregnant woman can give a notification to her employer that she will be seeking maternity leave and that she will be paid during that time. Additionally, she has to specify the date of her break from work. Workers who are expecting can also apply for maternity leave by submitting an application on their business portal or notifying HR. They can also inform their company by email that they are on maternity leave.
Maternity Leave for Government Employees
Employees of the federal and state governments are protected by the Maternity Benefit Act of 1961. Therefore, any woman employed by the government is permitted the leave and benefits outlined in the Maternity Benefit Act 1961. Women who work for the government are entitled to 26 weeks of maternity leave during pregnancy and childbirth. They can take leave up to 26 weeks following delivery and 8 weeks before the due date. After the child is returned to the mother, female government workers who commission mothers or adopt children under three months old are permitted to take 12 weeks of maternity leave.
Maternity Leave for Private-Sector Employees
All Indian private enterprises are subject to the norms and regulations outlined in the earlier policy.
Private businesses that have several female employees on maternity leave need to adjust their HR policies to maintain business operations. In a lack of backup measures, productivity may suffer. Women search for businesses with maternity-friendly practices. To keep the finest employees, organisations need to promote a culture that supports new and pregnant mothers. To improve employee morale at work, maternity benefits management requires a clear HR plan that covers non-eligible workers. One excellent method for helping the female workforce is through maternity benefits. They come with certain extra expenses that some businesses, particularly start-ups and SMEs, may find difficult to cover. For this reason, the government launched the Maternity Leave Incentive Program in 2018. Paying companies for salaries paid to pregnant mothers during their maternity leave offers a little relaxation to employers.
Maternity Leave Benefits
Maternity leave gives mothers the time they need to heal and care for their infants, ensuring the health of both parties.
Women on maternity leave are entitled to medical benefits and their full wages during the leave, which gives them financial stability.
Job security during pregnancy is ensured by the law stating that employers are not allowed to fire or terminate female employees only because they are pregnant or on maternity leave.
With maternity leave, women can continue working while taking time off to give birth to their children, allowing them to advance in their careers.
Maternity vacation gives new mothers time to recuperate from giving birth and take care of their physical well-being.
Time spent with babies is crucial for attachment and bonding, and maternity leave allows new mothers to do just that.
Conclusion
Employers must be mindful of pregnant women's needs for breaks and leave. Indian culture is ingrained with the sentiment of support for Indian women, both before and after pregnancy. For this reason, having the same support at work is also essential. It is necessary to educate Indian companies and workers about the country's maternity leave laws. Employers may face legal consequences if they neglect to offer maternity benefits. Women may miss out on maternity benefits if they are ignorant of their rights. Employers should not be discouraged from recruiting women because of the cost of maternity benefits. The organisation can minimise insurance costs and maximise benefits for female employees by selecting the best insurance provider and coverage.
FAQ
Q1. What is the Maternity Benefit Act 1961?
In India, working women are eligible for maternity benefits under the Maternity Benefit Act 1961. The Maternity Benefit Act applies to both public and private organisations. As a result, all working women are allowed to take maternity leave to give birth, and they will also get their full wages during this time.
Q2. Who is eligible for the Maternity Benefit Act 1961?
The Maternity Benefit Act of 1961 provides maternity benefits to all pregnant women, women adopting a child under three months, and commissioning mothers hired by a business, factory, or organisation.
Q3. How to apply for a maternity leave?
Maternity leave can be requested by an expectant mother via the corporate portal or by submitting a notice letter to the employer.
Q4. Is maternity leave paid?
Yes. All employers are required by the Act to pay maternity leave women their salaries or compensation.
Q5. How many weeks is maternity leave?
First-time and second-time mothers are entitled to 26 weeks of maternity leave, whereas third-time and subsequent moms are entitled to 12 weeks. Maternity leave is 12 weeks for commissioning moms and adopting children under 3 months. Maternity leave is available for six weeks in the event of a miscarriage or medically assisted pregnancy termination.
Q6. How many months is maternity leave?
Maternity leave continues for six months for first-time and second-time moms, and three months for those who give birth to their third or subsequent child. Commissioning moms and adopting children under three months old are eligible for three months of maternity leave. A woman gets one and a half months of maternity leave in the scenario of a miscarriage or medically assisted pregnancy termination.
Q7. Can maternity leave be taken after delivery?
Indeed. Women are only permitted to take leave eight weeks before the date of delivery during the 26-week maternity leave period. As a result, the expectant mother can take 18 weeks off following delivery.
Q8. Can my employer replace me while on maternity leave?
Employers are not allowed to fire, replace, or dismiss a woman on maternity leave. Women must be assigned to the same position they held before taking maternity leave when they return to the company. Discharging or dismissing women when they are pregnant or on maternity leave is illegal.
Q9. Can maternity leave be extended in India?
If the mother cannot return to work after the allotted time off, the maternity leave may be extended. A mutual agreement between the mother and the employer may enable the employer to grant additional leave.
Q10. Will I get a salary during maternity leave?
Yes, you are entitled to your full wage during your maternity leave under the Indian Maternity Benefit Act of 1961. It is illegal for your employer to discriminate against you or refuse to hire you because you are pregnant or have recently given birth.
Q11. Who pays for maternity leave?
In India, employers provide maternity leave to their female employees who are pregnant or recently gave birth. The female employee must get her salary from the business while on maternity leave. In compliance with her job contract or other applicable laws, the employee might get additional maternity benefits or leave days.
Q12. Is paid maternity leave applicable to all working women?
Yes, the law mandates that all businesses that hire women provide paid maternity leave. According to the Act, all women are subject to the stipulated 26-week period. However, depending on their HR practices, certain businesses might provide more leave.
Q13. When does maternity leave start?
In India, women employees who have worked for their employer for at least 80 days in the 12 months before their birth or adoption date are eligible to spend their maternity leave. An employee can take 26 weeks of maternity leave for her first two children and 12 weeks for each additional child, albeit there is no specific date for this leave. She has six months from the day of her delivery to benefit from her maternity leave.
Q14. Are employees eligible for employee benefits during maternity leave?
When on maternity leave, Indian women employees receive regular benefits in addition to the maternity leave and benefits mentioned in this article. She is able to take advantage of all available business benefits, such as housing allowance, health insurance, and other benefits.
Q15. What is the maternity leave policy?
The paid time off that employers offer expectant mothers or new moms to care for themselves and their children is known as maternity leave.
Q16. What are the miscarriage leave rules in India?
A woman is entitled to leave with pay at the rate of maternity benefit for six weeks immediately after the day of her miscarriage if she experiences a medical termination of her pregnancy or miscarriage.
Q17. A female joined a company when she was 2 months pregnant. Can she avail of maternity leave?
Yes, you can take maternity leave even if you just started working for a new firm.
Q18. How is maternity leave salary calculation done?
The average daily wage of the woman is typically used to determine the rate of payment. The woman's earnings for the days she worked over an agreed-upon period before her maternity leave are used to compute this salary. A percentage of this average daily wage is frequently used to calculate the benefit amount.
Q19. What is the legislation related to maternity benefits?
The Indian law that controls women's employment both before and after childbirth and guarantees maternity benefits is the Maternity Benefit Act of 1961.
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