Maternity Benefit Act: Maternity Leave Applicability, Rules, Eligibility, Benefits

The Maternity Benefit Act, 1961 provides statutory maternity leave and wage protection to women employees. The Maternity Benefit (Amendment) Act, 2017 increased maternity leave to 26 weeks for eligible women. It mandates paid maternity leave, job protection, and post-delivery support for eligible women across covered establishments.

Key Highlights

• Provides 26 weeks of paid maternity leave for the first two surviving children.
• Limits maternity leave to 12 weeks for the third and subsequent children.
• Grants 12 weeks of paid leave to adoptive mothers and commissioning mothers.
• Applies to establishments with 10 or more employees.

What is Maternity Leave?

Maternity leave is the paid leave provided to pregnant women working in any organisation. The Act provides the period of leave that an employer or organisation must give to pregnant women before and after the delivery of their child, which is as follows: 

• All pregnant women are eligible for 26 weeks of maternity leave for the first and second child, out of which they can take a maximum of 8 weeks’ leave before their expected delivery date.
• For the third and subsequent child, mothers are eligible for 12 weeks of maternity leave.
• A woman can take 6 weeks maternity leave in the case of miscarriage or medical termination of pregnancy. However, she may have to produce proof of miscarriage, and the leave period starts immediately following the miscarriage date.  
• Adopting or commissioning mothers can take up to 12 weeks of maternity leave starting from the day the newborn child is handed over to the mother. 

Additional leaves can be granted for new mothers requiring more recovery time. Employers can be punished with imprisonment if they contravene the provisions of the Act and do not provide maternity benefits for the mother.

Maternity Leave Applicability

The Maternity Benefit Act applies to women working in public and private sector organisations. Thus, it applies to all women employed in private companies, government jobs, mines, plantations, factories and organisations with 10 or more employees. However, the Maternity Benefit Act does not apply to women working in organisations with less than 10 employees and self-employed women.

Maternity Benefit Act 1961

The Maternity Benefit Act 1961 regulates maternity leave and related benefits for women employees in India. The Act applies to factories, mines, plantations, shops, and establishments employing 10 or more persons.

It ensures that a woman employee:

• Is entitled to paid maternity leave
• Receives full wages during the leave period
• Is protected from dismissal or adverse employment conditions due to pregnancy

Women who meet the eligibility conditions can avail maternity leave before and after childbirth, with salary paid at the average daily wage rate.

Maternity Benefit Act 2017

The Maternity Benefit Act 1961 has been updated various times to protect and safeguard the interests of women employees. In 2017, the Maternity Benefit Act 1961 was amended to include various aspects, such as an increase in the maternity leave period, the option to work from home and maternity leave for mothers adopting a child. 

The provisions of the Maternity Benefit Act 2017 (Amendment) are as follows:

Increase in the maternity leave duration

• The Act provided for a maternity leave of 12 weeks. This duration was increased in the amendment to the Act in 2017, and all women are eligible to take a 26-week maternity leave. 
• They can take maternity leave from 8 weeks before the delivery date and take the rest 18 weeks after delivery. 
• When a woman already has two children, the maternity leave is only 12 weeks for the third and subsequent children. 

Maternity leave for commissioning and adoptive mothers

• The amendment to the Act also grants 12 weeks of maternity leave to women who lawfully adopt a child below three months of age and a commissioning mother. 
• A commissioning mother is a biological mother who uses her egg to make an embryo placed in another woman. 
• The 12-week maternity leave will start from the day the child is given to the commissioning or adoptive mother.

Option to work from home

• The 2017 amendment provides that an employer can allow a woman to work from home during pregnancy if the nature of work is such that it can be done from home. 
• After the maternity leave period, the woman can also use the option of working from home for a mutually agreed-upon period between the company and the employee.

Creche facilities

• The 2017 amendment provided that childcare services should be available close by for all businesses with 50 or more employees.The employer must allow the mother to visit the childcare facility four times in a day. This should cover her downtime.

Maternity Leave Eligibility

A woman is eligible to take maternity leave under the Act only when she has worked with the employer for at least 80 days in the 12 months preceding her expected delivery date. 

Maternity Leave Rules

The maternity leave policy and rules in India provide for the following:

• Employers must pay full salary to the woman employee during her maternity leave period. This salary rate is calculated according to her actual salary or daily wages in the 3 months prior to her maternity leave request.
• Employers should not employ a woman during the 6 weeks immediately following her delivery or miscarriage.
• Employers must provide childcare provisions and restore the woman to her previous position in the organisation upon her return from the maternity leave period. 
• Pregnant employees are entitled to the following workplace amenities:
  • Hygienic restrooms
  • Comfortable working and seating arrangements
  • Safe drinking water
• Employers must not give pregnant women difficult tasks or long working hours 10 weeks before the expected delivery date to ensure the safety and health of the mother and child.
• Employers can grant additional leaves to mothers if they cannot return to work after the maternity leave period through a mutual agreement.
• Employers can also grant work-from-home options to mothers through a mutual agreement between the employer and the mother.

Maternity Leave Application

As per the Act, a pregnant woman can give notice in writing to her employer for availing maternity leave and salary payment during such leave period. She must also state the date from which she will be absent from work. 

Pregnant employees can also apply for maternity leave by informing company HR or applying for maternity leave on their company portal. They may also send an email to their employer of availing the maternity leave.

Maternity Leave for Government Employees

The Maternity Benefit Act 1961 applies to state and central government employees. Thus, all the leave provisions and benefits provided under the Maternity Benefit Act 1961 apply to all women working in the government sector. 

• Women government employees can take maternity leave for 26 weeks during pregnancy and delivery of the child. They can take leave 8 weeks prior to the delivery date and extend it up to 26 weeks after delivery. 
• Women government employees adopting a child below three months or commissioning mothers can take 12 weeks of maternity leave after the child is handed over to the mother.

Maternity Leave Benefits

Maternity leave is important as it offers the following benefits to eligible female employees:

• Maternity leave ensures the well-being of mothers and their children by providing time to recover and nurture their children.
• Any woman on maternity leave is entitled to receive the entire salary for the period of leave and medical benefits, thus providing her financial security. 
• Employers cannot dismiss or fire women employees only due to pregnancy or when they are on maternity leave, thus providing job security during pregnancy.
• Maternity leave allows women to take time off for the delivery of their children while continuing their employment, which helps them to maintain their career progression.
• Maternity leave provides time for new mothers to recover from childbirth and care for their health physically.
• Maternity leave gives new mothers time to spend with their newborns, essential for bonding and attachment.

The Maternity Benefit Act plays a critical role in safeguarding the health, employment, and economic security of working women in India. By guaranteeing paid leave, job protection, and workplace support, the Act ensures that motherhood does not come at the cost of employment continuity or financial stability.