The Maternity Benefit Act: An Overview

The Maternity Benefit Act of 1961 (that amended in 2017) is a piece of legislation that supports women's work throughout their pregnancies. It guarantees the female employee "maternity benefits," which is the payment of their wages while they are away from work caring for a newborn. Any business with more than 10 workers must follow this rule. The 2017 Maternity Amendment Bill further altered this law. The Act is a significant piece of legislation that safeguards motherhood's honor. It also makes sure that working mothers can provide their kids with the attention they need. Maternity benefits assist women with their finances in addition to defending their rights.

Applicability of the Act

Factory, mining, and plantation operations must comply with the Maternity Benefit Act of 1961. Any organization that employed more than 10 employees per day during the previous 12 months is covered under the Act. It also applies to any store or other institution in the relevant Indian state. Additionally, certain plants and organizations are covered by this Act. For the sake of the workers' goodwill, it must be adhered to.

This Act must be followed by every organization, and the employees must get a number of perks. As a result, the workers receive the greatest care possible and their good health is preserved. Employees’ wellbeing is crucial since it helps the business develop.

Important Provisions under the Act

There are a total of 30 sections in the act. Some important provisions are −

Provisions	Content
Section 3	Definitions
Section 4	Employment of, or work by, women is prohibited during certain periods.
Section 5	Right to payment of maternity benefit.
Section 7	Payment of maternity benefit in case of death of a woman.
Section 8	Payment of medical bonus.
Section 13	No deduction of wages in certain cases.
Section 18	Forfeiture of maternity benefits.
Section 21	Penalty for contravention of Act by employer.

Eligibility under the Act

Following are the major conditions required to fulfil in order to claim maternity benefit −

• The employee (women) must have worked for the establishment for at least 80 odd days in the previous 12 months in order to be eligible to receive benefits under this Act.

• The Act also protects women who miscarry, in addition to public hospitals, nursing homes, schools, and other businesses.

• A woman is entitled to a maximum of six weeks of paid leave if her pregnancy ends in miscarriage or she has an abortion. If she delivers the baby earlier than expected, the earnings will be paid 48 hours after the birth certificate is shown.

• Women were granted 12 weeks of maternity leave under the terms of the Maternity Benefit Act of 1961. The Maternity Benefit (Amendment) Act of 2017 has raised the leave term from 12 to 26 weeks, nevertheless.

• The 26−week maternity leave period can be divided into up to 8 weeks of leave before the expected delivery date and the remaining leave following childbirth.

• Up to two children may be granted the 26−week maximum maternity leave duration. The 12−week leave period applies to mothers who have more than two children. According to the act, woman is not obligated to work for six weeks after a miscarriage, unless the miscarriage was caused by a medical termination of the pregnancy. Surrogate moms and mothers who have adopted a child under three months old are also eligible for 12 weeks of leave. o

Work from Home Benefits

According to the act, a pregnant woman may work from home while receiving maternity benefits. However, both the employer and the employee must consent to the terms of employment. During her initial meeting, the employer is required to explain the maternity benefits to the expectant worker. The employee must deliver the needed paperwork to the employer in order for the benefit to be paid during the maternity time. The states have been ordered by the Ministry of Labor to provide pregnant women with explanations. Women must take advantage of the advantages of working from home since it allows them to spend time with their newborns and provide them with the attention they need.

Prior Notice under the Act

The Act mandates that employers provide pregnant workers with the required notice before the due date of their child. This notice must be sent to her by the employer within 48 hours. In this manner, the worker will be informed of the policy. She can ask for maternity benefits if she's prepared to work from home. During the initial consultation, the employee must be made aware of the maternity benefits. Legally, the company must provide the benefit even if the employee declines. No organization will accept a leave of absence or resignation without a notice period. Since the legislation was created for the employees, both they and the organization must use it to its fullest potential. Some sections related to notice and leave −

Provisions	Content
Section 6	Notice of claim for maternity benefit and payment thereof.
Section 9	Leave for miscarriage, etc.
Section 9A	Leave with wages for tubectomy operation.
Section 10	Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation.

Conclusion

By virtue of Maternity Benefit Act of 1961, all such women may now feel safe and empowered. Protecting motherhood and ensuring a secure financial future for both are the key objectives of the Act. It gives someone financial assistance while preserving the dignity of a mother and her kid. The Act is a wonderful illustration of how the law may grant mother’s rights. The act provides the employees with a specific advantage that ultimately enables them to experience a stress−free pregnancy and hence a woman’s future is significantly more secure.

Frequent Asked Questions

Q. Is the Maternity Benefit Act applicable to all organizations?

As per Section 2 of the Act, the Act is applicable to every establishment being a factory, including every shop and establishment in which 10 or more people are employed.

Q. Is the Maternity Benefit Act applicable to contractual or consultant female employees?

As per Section 2 of the Act, the original provision will prevail, i.e., the Act is applicable to all women who are employed in any capacity directly or through any agency i.e., either on a contractual basis or as a consultant.

Q. What are the benefits of commissioning and adopting mother?

As per Section 3(ba) of the Act, Commissioning mother means a biological mother who uses her egg to create an embryo implanted in any other woman. Furthermore, a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.

Q. Under what conditions is the Maternity Benefit Act applicable?

The Act applies to mines, factories, circuses, industry, plantations, and shops and establishments employing ten or more people, except employees covered under the Employees State Insurance Act, 1948. It can be extended to other establishments by the state governments. There is no wage limit for coverage under the Act.

Q. Is the maternity benefit paid in advance?

Yes. As per the Section 6 (5) of the Act, the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer. However, to get the advance payment, she needs to submit all such relevant proofs as may be prescribed that the woman is pregnant. After submission of the proofs, the employer will pay the amount due for the subsequent period to the respective woman within forty−eight hours.