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

Maternity benefits at the workplace are necessary to ensure job security, protect women’s economic rights and support their maternal duties. In India, the Maternity Benefit Act 1961 provides maternity benefits in the form of maternity leave for all women employees. 

Maternity leave is a paid leave provided to expecting or pregnant women who can utilise it before and after the delivery of the child. All employers or organisations in India must give maternity leave to pregnant women. It is vital to ensure the overall well-being of the newborn child and mother.

Maternity Benefit Act 1961

In India, maternity leave and benefits are regulated under the Maternity Benefit Act 1961 (‘Act’). The Act provides comprehensive maternity benefits, including medical bonuses, paid leave and nursing breaks. The Act supports women during the birth of their child. It protects and safeguards the livelihood and interests of female employees and gives them time to nurture their newborns while taking care of themselves.

As per the Act, women working at recognised organisations and factories can take maternity leave for up to 6 months. Women employees can take maternity leave before and after they deliver the child for up to 6 months. During this leave period, the employer must pay the women employee her entire salary. 

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 (Amendment) Act 2017 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.

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 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 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.

Frequently Asked Questions

What is the Maternity Benefit Act 1961?

The Maternity Benefit Act 1961 is the Act that provides maternity benefits to working women in India. All private and public organisations are covered under the Maternity Benefit Act. Thus, all women working can take maternity leave for the delivery of a child and also get a full salary during the leave period. 

Who is eligible for Maternity Benefit Act 1961?

All pregnant women, women adopting a child under three months, and commissioning mothers working in a company, factory or establishment are eligible under the Maternity Benefit Act 1961 to get maternity benefits.

How many weeks is maternity leave?

The maternity leave for first and second-time mothers is 26 weeks, and for the delivery of third and subsequent children is 12 weeks. The maternity leave for adopting children below 3 months and commissioning mothers is 12 weeks. In the case of miscarriage or medical termination of pregnancy, a woman can take maternity leave for 6 weeks.

How many months is maternity leave?

The maternity leave for first and second-time mothers is 6 months, and for the delivery of third and subsequent children is 3 months. The maternity leave for adopting children below 3 months and commissioning mothers is 3 months. In the case of miscarriage or  medical termination of pregnancy, a woman can take maternity leave for 1 and a half months.

How to apply for maternity leave?

An expecting mother can take maternity leave by writing a notice to the employer or applying for maternity leave on the company portal. 

Is maternity leave paid?

Yes. As per the Act, all employers must pay the salary or wages to the women on maternity leave.

Can maternity leave be extended in India?

The maternity leave can be extended if the mother cannot return to work after the maternity leave period. The employer can grant additional leave through a mutual agreement between the employer and the mother.

Can maternity leave be taken after delivery?

Yes. Out of the 26-week maternity leave period, women can take the leave only 8 weeks before the delivery date. Thus, the pregnant mother can take 18 weeks’ leave after the delivery. 

Can my employer replace me while on maternity leave?

No, employers cannot replace, fire or dismiss a woman on maternity leave. When the woman returns to the organisation after maternity leave, she should be given the same designation that she was working in before she went on maternity leave. It is unlawful to dismiss or discharge women during pregnancy or maternity leave period.