Maternity Benefit Act

Introduce yourself

Maternity Benefit Act 1961 is an important landmark in India that protects the rights of working women during pregnancy and afterwards. It ensures employees are entitled to maternity benefits in order to care for themselves and their newborn. In 2017, the act was strengthened to ensure that it is in accordance with requirements in modern work environments.

Maternity Benefit Act: Main Features

• Maternity leave: This act allows women to take up to 8 weeks paid leave before their expected due date.
• Adoptions and commissioning mothers: A woman who adopts a child, or commissions a mother (through surrogacy), is entitled to 12 week of maternity leave.
• A creche must be provided by any establishment with at least 50 employees. This creche should also allow for four daily visits from the mother.
• Work from Home: Depending on the nature of work, women can opt for ‘work from home’ post-maternity leave, as mutually agreed with the employer.
• Women can receive a medical benefit of Rs. 3.500 in the event that prenatal and/or postnatal medical costs are not covered by your employer.

Affirmation Criteria

• In the twelve months prior to the due date, the woman must have worked at least eighty days.
• This applies to all establishments with 10 or more employees, including factories, mines and plantations.

Employers’ Legal Obligations

• The employer must notify women about their benefits by electronic and written means.
• The law prohibits employers from firing or releasing a female employee because of her absence during the maternity period.
• The mandatory record keeping relating to the maternal benefits that are provided.

Implementation Challenges

Although it is progressive, there are still several obstacles to the Maternity Benefit Act’s implementation:

• There are many women who, in particular, those working in small establishments or informal sectors do not know their rights.
• Non-compliance : Employers, particularly those who are not organized, may refuse to comply with certain provisions because they perceive financial burdens.
• Inspection and Enforcement – There are robust mechanisms needed to check and make sure that the businesses follow all of the Act’s provisions.

Case Studies and Success Stories

Infosys

Infosys is one of India’s leading IT firms. They offer enhanced benefits for mothers, such as extended leaves and flexible policies. This sets an example to other companies.

Tata Group

Tata Group provides additional help to pregnant workers, such as health screenings and counseling.

You can also read our conclusion.

Maternity Benefit Act plays a crucial role in promoting equality between men and women, as well as supporting the working women of India. There are some challenges to its implementation but increased awareness, strict enforcement and strict enforcement will help it achieve its goals, creating an inclusive and supportive working environment for women.

The Frequently Asked Questions

1. According to the Maternity Benefit Act, how long can a woman take maternity leaves?

   Maternity Benefit Act offers 26 weeks of paid maternity leaves, and you can take advantage of this up to 8 weeks in advance. The paid maternity leaves are 12 weeks for women with two or more kids.

2. Adoptive mothers are covered by the Maternity Benefit Act.

   The answer is yes. Adoptive mothers and commissioning mothers who have a baby under three months old or are surrogate mothers can take 12 weeks of leave after the delivery of the child.

3. The Maternity Benefit Act is applicable to every type of workplace.

   This act is applicable to all factories, mines and plantations as well as shops that employ ten people or more. The challenge is to enforce compliance within smaller, unorganized industries.

4. How does the Maternity Benefit Act deal with medical bonuses?

   A woman who is not provided with prenatal or postnatal care by her employer may be entitled to receive a medical benefit of Rs. The act stipulates a medical bonus of Rs.

5. How do creche requirements work in the Act?

   To support mothers who work, employers with more than 50 employees are required to provide creche facilities within a specified distance. The creche is open to women four times a day, including the rest interval.

6. What penalties are there for not complying with the Maternity Benefit Act?

   Employers that violate the Act can face fines or imprisonment. A fine of up to Rs. If you do not comply, you can be fined up to Rs.

7. Can the maternity leave extend beyond 26 weeks?

   It is a legal requirement that the 26-week period be adhered to, however some employers offer unpaid additional leave and/or options for working from home based on their employment policies.

8. Do you have protection from dismissal when on maternity leave?

   The employer cannot discharge or dismiss the woman because of her absence from work during her maternity period.

9. How do I claim my maternity benefit?

   In general, women must submit to their employer a certificate from a doctor confirming that they are pregnant and the date of expected delivery. Documentation requirements may differ depending on the employer.

10. What does “work from Home” mean under the Act and how is it implemented?

    This provision allows employees to work from home if both the employer and employee agree. Women can continue to work from home after maternity leave, provided that the employer approves and they are happy with their job.