Answer By law4u team
The Maternity Benefit Act, 1961, in India provides statutory protection to female employees in the private sector and certain public sector organizations. The Act regulates maternity leave, payment during leave, and job security for female workers who become mothers, ensuring they are not discriminated against for their maternity status.
Provisions Under the Maternity Benefit Act:
Duration of Maternity Leave:
Female employees are entitled to 26 weeks of maternity leave for the birth of the child, which can be taken in the 12 weeks preceding the expected delivery date and the remaining after childbirth.
For women having more than two children, the maternity leave entitlement is 12 weeks.
Payment During Maternity Leave:
During the maternity leave, the employee is entitled to receive full wages as per her average daily wages for the preceding 3 months.
This payment is made by the employer, and it should not be less than the normal pay for the period of leave.
Medical Benefits:
The Maternity Benefit Act also mandates medical bonus up to ₹3,500 (subject to amendments) for women working in establishments with 10 or more employees, to be paid if the employer doesn't provide pre-natal care.
The Act ensures that women have access to medical care during maternity without financial burden.
Leave for Miscarriage or Medical Termination:
The Act provides for 6 weeks of leave with wages in case of a miscarriage or medical termination of pregnancy.
Job Security:
The law guarantees that the female employee is entitled to return to her same position or an equivalent position after her maternity leave ends.
It is illegal for the employer to terminate or dismiss a female employee during her maternity leave.
Notice Requirement:
To be eligible for maternity benefits, a woman must have worked for at least 80 days in the 12 months immediately preceding the date of her expected delivery.
The employee is required to provide a notice of her pregnancy and her expected delivery date to her employer, ideally at least 7 weeks before the date of delivery.
Adoption and Surrogacy:
The Act also extends maternity benefits to women who adopt a child or take a child through surrogacy. These women are entitled to 12 weeks of maternity leave from the date of adoption or birth of the child.
Employee Rights and Employer Obligations:
Non-Discrimination:
Employers cannot terminate a female employee because of pregnancy or maternity leave. Pregnancy cannot be a ground for discrimination in employment, promotion, or training.
Rights After Return:
The Act ensures that the female employee retains her right to return to work after maternity leave and continues her service without any disadvantage.
No Deductions from Wages:
Employers cannot make any deductions from the employee's wages during her maternity leave.
Example:
A woman who works in a private company and is expecting a child is entitled to 26 weeks of paid maternity leave. She must have worked for the company for at least 80 days in the previous year to be eligible. If she has already worked in the company for over a year and qualifies for maternity leave, she can take time off before her delivery date and after childbirth, receiving full wages during the leave period.
If she has a miscarriage, she would also be entitled to 6 weeks of paid leave for recovery under the Maternity Benefit Act.
Legal Actions and Protections:
Non-Compliance:
Employers who fail to comply with the provisions of the Maternity Benefit Act may face legal penalties, including fines or imprisonment.
Grievance Redressal:
Employees can approach labor courts or the appropriate authorities for any grievances related to maternity leave or benefits if their rights are violated.
