- 19-Apr-2025
- Healthcare and Medical Malpractice
Pregnant women in India have specific legal protections under labor laws to safeguard their health, job security, and rights during pregnancy. The Indian legal framework provides provisions under The Maternity Benefit Act, 1961, and other labor regulations to ensure that women receive the support they need during and after pregnancy without facing discrimination in the workplace.
Under this Act, a woman is entitled to 26 weeks of paid maternity leave for the birth of a child. The leave is granted to women working in factories, mines, and other establishments with at least 10 employees.
To be eligible for maternity leave, a woman must have worked with the same employer for at least 80 days in the 12 months preceding her leave. This entitlement applies to both government and private sector employees.
The leave includes 8 weeks before the delivery and 18 weeks after childbirth, which is extended in case of multiple births (e.g., twins).
Women who have adopted a child or those who have had a child through surrogacy are also entitled to 12 weeks of maternity leave under the Maternity Benefit Act.
The Act ensures that women on maternity leave receive their full average daily wage during the period of leave. The wages are calculated based on the woman’s average daily earnings in the three months preceding the leave period.
Employers are prohibited from dismissing or discriminating against a woman during her pregnancy, maternity leave, or after returning from maternity leave. Termination due to pregnancy or maternity leave is illegal under Indian law.
A woman on maternity leave has the right to return to the same position or an equivalent position after her maternity leave ends. This ensures that her career progression is not hindered by her pregnancy.
Employers must ensure that pregnant women are provided with safe working conditions. They should not be assigned tasks that could potentially harm their health or the pregnancy, such as handling heavy machinery or exposure to harmful chemicals.
Pregnant women are prohibited from working in night shifts, especially in industries that may pose a health risk. The Factories Act, 1948 also restricts night shifts for pregnant women in certain environments.
If an establishment has 50 or more employees, the employer is required to provide a crèche facility where a mother can safely leave her child while she works. The mother is also entitled to take breaks to feed her child.
The Maternity Benefit Act entitles nursing mothers to two nursing breaks during the workday, each of which should not be less than 15 minutes.
Pregnant women are entitled to a safe work environment free from sexual harassment. Employers must ensure the establishment of a complaints committee to handle grievances and complaints related to sexual harassment.
Women have the right to file complaints if they experience discrimination, harassment, or abuse due to their pregnancy.
A woman who has resigned or has been terminated from her job during pregnancy may still be eligible for maternity benefits if she has worked for the employer for at least 80 days in the last 12 months. This provision ensures that even if the woman is no longer employed with the same company, she is not denied maternity benefits.
After childbirth, no employer can force a woman to resume work unless she is physically fit. Employers cannot force women to return to work before the end of their maternity leave.
Although paternity leave is not a statutory requirement under Indian law for fathers, many private companies and organizations provide it voluntarily. This leave allows the father to help the mother and care for the child after the birth.
If Priya is working as a teacher in a private school and becomes pregnant, she is entitled to 26 weeks of maternity leave under the Maternity Benefit Act. The school cannot terminate her employment or refuse her leave due to her pregnancy. During her leave, Priya will receive her full wages. Additionally, the school is required to ensure that she is not assigned any hazardous tasks that could endanger her or the baby. Once her leave ends, she is entitled to return to her same position or an equivalent role. If the school fails to provide safe working conditions or discriminates against her during pregnancy, she can approach the labor department or file a complaint under the Sexual Harassment Act if applicable.
The Maternity Benefit Act and related labor laws provide essential protections for pregnant women in India. Women are entitled to paid maternity leave, job security, safe working conditions, and protection from discrimination. Employers are required to ensure the well-being of pregnant employees, including providing breaks for nursing mothers and creating a safe work environment. Women who face discrimination or unsafe conditions during pregnancy can seek legal recourse to protect their rights and health.
Answer By Law4u Team
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