Maternity benefit Act
Understanding the Maternity Benefit Act in India
In this post, we will talk about maternity benefits for working women in India. We’ll explain what the Maternity Benefit Act says, how much leave is allowed, who can claim it, and what support employers must provide. Whether you’re an employee or employer, this will help you understand the rules better.
Let’s look at these sections:
- Introduction
- What is the Maternity Benefit Act?
- Difference between Maternity Benefits Act, 1961 and Maternity Benefits Act, 2017
- What is maternity leave?
- Applicability of the Maternity Act
- Eligibility for Maternity leave
- Maternity leave rules
- Maternity leave for government employees
- Benefits of Maternity Leave
- Maternity Benefit Forms
- FAQs
Introduction
Maternity benefits at work are significant because they provide job security, protect women’s earnings, and help them care for their child. In India, the Maternity Benefit Act, 1961, ensures that working women receive paid leave during pregnancy.
This leave, called maternity leave, can be used before and after childbirth. Every company in India must give this leave to pregnant women. It helps take care of both the mother and the newborn baby properly.
What is the Maternity Benefit Act?
Maternity leave rules are there to protect women at work during pregnancy. These rules ensure women receive proper pay, care, and support from their employer.
It also says that women should be told clearly about their maternity rights and benefits at the workplace.
Each company may have its own maternity policy, so it’s best to check with the HR team for complete details.
Some companies also allow work from home or even provide daycare in the office for working mothers.
Difference between Maternity Benefits Act, 1961 and Maternity Benefits Act, 2017
|
Feature |
Maternity Benefit Act, 1961 |
Maternity Benefit (Amendment) Act, 2017 |
|
Maternity Leave Duration |
12 weeks |
26 weeks for first two children 12 weeks for third child onward |
|
Leave Before Delivery |
Not specifically defined |
Up to 8 weeks before expected delivery |
|
Adoptive/Commissioning Mothers |
Not covered |
12 weeks leave for women adopting a child below 3 months or commissioning mothers |
|
Work from Home Option |
Not available |
Allowed, if the job permits and with mutual agreement |
|
Crèche Facility |
No such requirement |
Mandatory for establishments with 50+ employees; 4 visits per day allowed |
What is maternity leave?
Maternity leave is the paid leave given to working women when they are expecting a baby. There’s a law for this and every employer has to follow it. Here’s what it says:
- For the first and second child, a woman can take 26 weeks of leave, out of which she can take up to 8 weeks before the baby is born.
- For the third child onwards, the leave allowed is 12 weeks.
- In case of a miscarriage or medical termination, she can take 6 weeks of leave right after it happens. She may need to show medical proof.
- If a woman adopts a child or is a commissioning mother, she can take 12 weeks of leave from the day the baby is handed over.
- Some extra leave may be given if the mother needs more time to recover.
If an employer doesn’t give maternity benefits, they can face punishment or even jail as per the law.
Applicability of the Maternity Act
The Maternity Benefit Act is for women working in both private and government jobs. It covers women working in offices, factories, mines, plantations, and any place that has 10 or more employees. However, this law doesn’t apply to women working in establishments with fewer than 10 employees or to self-employed women.
Eligibility for Maternity leave
A woman can take maternity leave only if she has worked for at least 80 days in the last 12 months before her expected delivery date.
Maternity leave rules
When a woman takes maternity leave, the company must give her full salary. This is based on what she earned in the 3 months just before her leave started.
After delivery or miscarriage, the woman should not be given any work for at least 6 weeks.
When she returns from leave, she should get back her same job and position. Also, there should be proper childcare support if needed.
The office must provide:
- Clean restrooms
- Comfortable place to sit and work
- Safe drinking water
During the last 10 weeks before her due date, the company should not give her heavy work or ask her to work for long hours. Her and the baby’s health comes first.
If the mother is still not well after the official leave, she can take extra leave if both she and the employer agree. If needed, she can also be allowed to work from home again, only if both sides agree.
Maternity leave for government employees
The Maternity Benefit Act, 1961, is for both central and state government women employees. So, all the maternity leave rules and benefits under this Act apply to them.
A woman working in the government sector can take 26 weeks of maternity leave, 8 weeks before the expected delivery and the rest after childbirth. Also, if a woman adopts a baby below 3 months or is a commissioning mother (through surrogacy), she can take 12 weeks of maternity leave from the date the child is handed over to her.
Benefits of Maternity Leave
- Maternity leave helps mothers take proper rest and care for their baby after delivery.
- During this leave, the woman gets full salary and medical benefits, so she doesn’t have to worry about money.
- No employer can remove a woman from her job just because she is pregnant or on maternity leave. Her job stays safe.
- It lets women take time off for childbirth without affecting their career.
- The leave also gives time to heal and regain strength after delivery.
- Most importantly, it gives mothers precious time to bond with their newborn baby.
Maternity Benefit Forms
|
Form |
Description |
|
Form-2A |
Claim for Maternity Benefit for Sickness |
|
Form-13 |
Sickness or temporary Disablement or Maternity |
|
Form 13A |
Maternity Benefit for Sickness |
|
Form-14 |
Sickness or Temporary Disablement or Maternity Benefit for Sickness |
|
Form-19 |
Maternity Benefit for the Notice of Pregnancy |
|
Form-20 |
Maternity Benefit – to produce Certificate of Pregnancy |
|
Form-21 |
Maternity Benefit – Certificate of Expected Confinement |
|
Form-22 |
Claim for Maternity Benefit |
We have reached the end! Feel free to leave feedback or questions in the comments section below; we’ll be pleased to help you.
FAQs
Q. Maternity benefit in case of miscarriage
Ans: In the unfortunate circumstance of a miscarriage, the employee is allowed 6 weeks leave from the date of the incident immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.
Q. Maternity benefit for contract employee in India
Ans: Every woman employee, whether employed directly or through a contractor is entitled to receive the same benefits as to women working in any agency or an establishment.
Q. Can a woman employee on probation apply for Maternity Leave?
Ans: Yes. A woman employee can apply for Maternity leave on a probation period if she meets the following conditions:
- She should have worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery.
- The period of 80 days shall not be applicable if the woman has immigrated to the State of Assam and was pregnant at the time of immigration.
- For calculating the number of days on which a woman has actually worked during the preceding 12 months, the days on which she has been laid off or was on leaves with wages shall be counted.
- There is neither a wage ceiling for coverage under the Maternity Act nor there is any restriction as regards the type of work a woman is engaged in.
Q. How many times can one take Maternity Leave?
Ans: There is no limit to the number of times one can take maternity leave as per the Act. However, companies typically only reimburse hospitalisation expenses for 2 deliveries.
Q. Is the benefits of work from home applicable for pregnant female employees?
Ans: Yes, the benefits of working from home apply to pregnant employees. But to get the benefits, employers and employees need to agree mutually. For the benefit to be paid during the maternity period, an employee must submit the required documents to the employer.
