Maternity Benefit refers to the financial and job-related benefits provided to pregnant working women to ensure their health and well-being, before and after childbirth. These benefits are governed by the Maternity Benefit Act, 1961 in India.
The Act ensures that no woman is denied her salary, job, or dignity during her maternity period.
Objectives of the Maternity Benefit Act
- To protect the employment of women during maternity.
- To ensure that women get paid leave during pregnancy and childbirth.
- To safeguard the health of mother and child.
- To promote gender equality and women’s participation in the workforce.
Eligibility for Maternity Benefits
To claim maternity benefits under the Act:
- A woman must have worked for at least 80 days in the past 12 months in an establishment.
- Applicable to women working in factories, mines, plantations, shops, and establishments with 10 or more employees.
Key Provisions of the Maternity Benefit Act
1. Paid Maternity Leave
- 26 weeks of paid leave for the first two children.
- 12 weeks of paid leave for the third child onward.
- 8 weeks before delivery and the remaining after childbirth.
2. Leave for Miscarriage or Adoption
- 6 weeks of leave for miscarriage or medical termination of pregnancy.
- 12 weeks of leave for women who adopt a child below 3 months of age.
3. Work from Home Option
- After maternity leave ends, the employer may allow work from home, based on mutual agreement and nature of work.
4. No Dismissal During Maternity Leave
- A woman cannot be dismissed or discharged during her maternity leave.
- Dismissal during this time is unlawful and punishable under the Act.
5. Crèche Facility
- Establishments with 50 or more employees must provide crèche (daycare) facilities.
- The mother must be allowed four visits per day to the crèche.
Benefits to Women Employees
- Full salary during leave
- Protection against job loss
- Medical bonus in some cases
- Encouragement to continue working post-childbirth
- Psychological and physical well-being of both mother and child
Why Maternity Relief is Important
- Promotes work-life balance for women
- Reduces drop-out rate of women professionals
- Encourages more women to enter the workforce
- Improves maternal and infant health outcomes
Recent Updates and Amendments
The Maternity Benefit (Amendment) Act, 2017 brought significant changes, such as:
- Extended maternity leave from 12 to 26 weeks
- Provision for adoptive mothers
- Mandatory crèche facilities
- Flexibility for work from home
Conclusion
The Maternity Benefit Act plays a crucial role in ensuring social justice and gender equality in the workplace. It empowers women by providing financial security, job protection, and medical care during one of the most important phases of life — motherhood.
Employers must comply with the law, and women should be aware of their legal rights to claim full maternity relief.
