The Maternity Benefit Act, 1961, is a landmark legislation in India that aims to protect the employment rights of women during pregnancy and childbirth. It provides a range of benefits to ensure that women can balance their work and motherhood responsibilities. The Act has been amended over the years, most notably in 2017, to enhance these benefits and make them more comprehensive. This article provides a detailed overview of the maternity benefits available to women in India under this Act.
Key Definitions (Section 3):
-
Appropriate Government: The Central Government for mines and establishments involved in equestrian, acrobatic, and other performances; the State Government for all other establishments.
-
Child: Includes a stillborn child.
-
Commissioning Mother: A biological mother who uses her egg to create an embryo implanted in another woman.
-
Delivery: The birth of a child.
-
Employer: The person or authority responsible for the supervision and control of employees in an establishment.
-
Establishment: Includes factories, mines, plantations, establishments for equestrian, acrobatic, and other performances, shops, and other establishments as notified by the government.
-
Factory: As defined in the Factories Act, 1948.
-
Inspector: An officer appointed under Section 14 to oversee the implementation of the Act.
-
Maternity Benefit: The payment made to a woman under Section 5.
-
Medical Termination of Pregnancy: Termination of pregnancy permissible under the Medical Termination of Pregnancy Act, 1971.
-
Mine: As defined in the Mines Act, 1952.
-
Miscarriage: Expulsion of the contents of a pregnant uterus before the 26th week of pregnancy.
-
Plantation: As defined in the Plantations Labour Act, 1951.
-
Prescribed: As prescribed by rules made under the Act.
-
State Government: Includes the Administrator for Union Territories.
-
Wages: All remuneration paid or payable in cash, including dearness allowance, house rent allowance, and incentive bonus.
Prohibition of Employment During Certain Periods (Section 4):
-
An employer cannot knowingly employ a woman during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
-
A woman cannot work in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
-
Pregnant women, upon request, cannot be required to perform arduous work or work that could interfere with their pregnancy or health during the period of one month before the six weeks preceding the expected delivery and during the six weeks following the delivery.
Right to Payment of Maternity Benefit (Section 5):
-
Every woman is entitled to maternity benefit at the rate of her average daily wage for the period of her actual absence, including the day of delivery.
-
The average daily wage is calculated based on the average of the woman’s wages for the three calendar months immediately preceding the date of absence due to maternity. The minimum wage under the Minimum Wages Act, 1948, or ten rupees, whichever is higher, is considered.
-
To be eligible for maternity benefit, a woman must have worked for at least 80 days in the twelve months immediately preceding the date of her expected delivery. This condition does not apply to women who immigrated to Assam while pregnant.
-
The maximum period for which a woman is entitled to maternity benefit is 26 weeks, with not more than 8 weeks preceding the expected delivery. For women with two or more surviving children, the benefit is limited to 12 weeks, with not more than 6 weeks preceding the expected delivery.
-
If a woman dies during this period, the maternity benefit is payable only up to the date of her death. If the child also dies, the benefit is payable up to the date of the child’s death. If the woman dies during delivery or immediately after, leaving behind a child, the employer is liable for the maternity benefit for the entire period.
-
A woman who legally adopts a child below three months or a commissioning mother is entitled to maternity benefit for 12 weeks from the date the child is handed over.
-
Employers may allow women to work from home after availing of maternity benefit, based on mutual agreement.
Notice of Claim for Maternity Benefit (Section 6):
-
A woman must give written notice to her employer stating that she will be absent from work and that her maternity benefit should be paid to her or her nominee.
-
The notice should be given at least six weeks before the expected delivery date.
-
If the notice is not given earlier, it can be given as soon as possible after the delivery.
-
The employer must allow the woman to be absent during the period she is entitled to maternity benefit.
-
The maternity benefit for the period before delivery must be paid in advance, and the remaining amount must be paid within 48 hours of the delivery.
-
Failure to give notice does not disentitle a woman to maternity benefit if she is otherwise eligible.
Payment of Maternity Benefit in Case of Death (Section 7):
-
If a woman dies before receiving her maternity benefit, it must be paid to her nominee or legal representative.
Payment of Medical Bonus (Section 8):
-
Every woman entitled to maternity benefit is also entitled to a medical bonus of ₹1,000 if the employer does not provide free pre-natal, confinement, and post-natal care.
-
The Central Government can increase the medical bonus up to a maximum of ₹20,000 every three years.
Leave for Miscarriage, etc. (Section 9):
-
In case of miscarriage or medical termination of pregnancy, a woman is entitled to leave with wages at the rate of maternity benefit for six weeks immediately following the day of her miscarriage or medical termination of pregnancy.
Leave with Wages for Tubectomy Operation (Section 9A):
-
A woman undergoing a tubectomy operation is entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.
Leave for Illness Arising out of Pregnancy, Delivery, etc. (Section 10):
-
A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, miscarriage, medical termination of pregnancy, or tubectomy operation is entitled to leave with wages at the rate of maternity benefit for a maximum period of one month, in addition to the period of absence allowed under Section 6 or 9.
Nursing Breaks (Section 11):
-
A woman who returns to duty after delivery is entitled to two nursing breaks of prescribed duration for nursing her child until the child attains the age of fifteen months.
Crèche Facility (Section 11A):
-
Establishments with 50 or more employees must have a crèche facility within a prescribed distance, either separately or with common facilities.
-
Employers must allow four visits a day to the crèche, including rest intervals.
-
Every establishment must inform women about all benefits available under the Act at the time of their initial appointment.
Dismissal During Absence of Pregnancy (Section 12):
-
It is unlawful for an employer to discharge or dismiss a woman during or on account of her absence from work due to pregnancy.
-
A discharge or dismissal will not deprive her of maternity benefit or medical bonus, unless it is for prescribed gross misconduct.
-
Women can appeal against such dismissal within 60 days to a prescribed authority.
No Deduction of Wages in Certain Cases (Section 13):
-
No deduction from a woman’s normal wages can be made for the nature of work assigned to her or for nursing breaks.
Appointment of Inspectors (Section 14):
-
The appropriate Government may appoint officers as Inspectors to oversee the implementation of the Act.
Powers and Duties of Inspectors (Section 15):
-
Inspectors have the power to enter premises, examine records, and question employees.
-
They can require employers to provide information and take copies of records.
Power of Inspector to Direct Payments (Section 17):
-
Inspectors can inquire into complaints of wrongful withholding of maternity benefits and direct payment.
-
They can also inquire into cases of wrongful discharge or dismissal and pass appropriate orders.
Forfeiture of Maternity Benefit (Section 18):
-
A woman forfeits her maternity benefit if she works in any establishment during her authorized absence.
Abstract of Act and Rules (Section 19):
-
Employers must exhibit an abstract of the Act and rules in a conspicuous place in the local language.
Registers, etc. (Section 20):
-
Employers must maintain registers, records, and muster rolls as prescribed.
Penalty for Contravention of Act (Section 21):
-
Employers who fail to pay maternity benefits or discharge/dismiss a woman unlawfully are punishable with imprisonment and fine.
-
Contravention of other provisions of the Act is also punishable with imprisonment or fine.
Penalty for Obstructing Inspector (Section 22):
-
Obstructing an Inspector is punishable with imprisonment or fine.
Cognizance of Offences (Section 23):
-
Aggrieved women, trade union office bearers, voluntary organizations, or Inspectors can file complaints.
-
Complaints must be filed within one year of the alleged offense.
Protection of Action Taken in Good Faith (Section 24):
-
No legal action can be taken against anyone acting in good faith under the Act.
Power of Central Government to Give Directions (Section 25):
-
The Central Government can give directions to State Governments for the execution of the Act.
Power to Exempt Establishments (Section 26):
-
The appropriate Government can exempt establishments providing benefits not less favorable than those under the Act.
Effect of Laws and Agreements Inconsistent with this Act (Section 27):
-
The provisions of the Act override any inconsistent laws or agreements.
Power to Make Rules (Section 28):
-
The appropriate Government is empowered to make rules to carry out the purposes of the Act.
Conclusion:
The Maternity Benefit Act, 1961, as amended in 2017, provides comprehensive protection and benefits to women during pregnancy and childbirth. It ensures that women can balance their work and motherhood responsibilities without facing discrimination or financial hardship. The Act is a significant step towards gender equality and the protection of women’s rights in the workplace.