Maternity Benefits Act, 1961

The Maternity Benefit Act is one of the best legislations passed by the government to protect the employment of women during the phase of motherhood. The primary motive is to help her to take care of her child, protecting her health alongside, and preserve the self-respect for working mothers.

This Article will give you a brief on the applicability of the Act on establishments, its purpose, the monetary and non-monetary benefits a woman employee can avail during her maternity and the procedure for availing the same.

PURPOSE – The Act was introduced to regulate the working conditions of women in establishments during the period before and after child-birth and for providing maternity and other benefits.

APPLICABILITY– The Act is applicable to - Factory, mine or plantation including Government establishments or establishment requiring physical labour/skills/performances, all shops or establishments which employ 10 or more persons.

The Act is not applicable to an employee in any factory or other establishments, who is covered under the provisions of the Employee’s State Insurance Act, 1948 and is availing the maternity benefits under the ESI Act. For the reason that, an employee availing the maternity benefits provided by the ESI Act, is not entitled to receive any similar benefits under any other enactment.

BENEFITS PROVIDED BY THE ACT:

Monetary Benefits

• Paid Maternity Leave - Every woman employee can avail the maternity leave of 26 weeks, after giving due notice to the employer and avail the benefit[1].

• Advance Payment - Such employee can avail the payment of maternity wages in advance, after producing the due proof of such pregnancy and delivery to the employer[2].

• Medical Bonus -She can also avail pre-natal and post-natal care or be paid the medical bonus from the employer[3].

• Additional leave for illness -She can, in addition, also avail leave with maternity benefit for a maximum period of 1 month, if she is suffering from illness arising out of pregnancy, delivery, premature birth of child, or miscarriage, and upon production of proof of the same[4].

• Paid Leave for Miscarriage - In the event of miscarriage, a woman employee can avail leave with wages for a period of 6 weeks from the day of the miscarriage, upon production of such proof[5].

• Paid leave for tubectomy operation - In the event of a tubectomy operation, a woman employee can avail leave with wages at the rate of maternity benefit for 2 weeks following the operation[6].

Available Legal Remedies in case of denial of maternity benefit

• If such benefit is denied or she is dismissed by the employer, she can appeal against the action to the prescribed authority within 60 days from the date of such action.

• Further, she can also approach the Court of law as per Section 23 of the Act, within 1 year of the commission of the offence. But the employer can dismiss the employee under the grounds of gross misconduct.

Other benefits:

• Request for less straining work - A woman employee can request her employer not to give her work which is of arduous nature, involving long standing hours, is likely to interfere with the pregnancy, likely to cause miscarriage or likely to adversely affect her health.

• Restriction on Employment - An employer cannot employ a woman during the 6 weeks immediately after her delivery/miscarriage.

• Work from Home options -When a woman returns to work after maternity, if the nature of work assigned to a woman is such that she may work from home, then the employer can allow her to work so, upon such conditions and for such period which is mutually agreed by the employer and employee.

• Nursing Breaks - She can have 2 nursing breaks in addition to the normal interval, until the child attains the age of 15 months.

• Creches -The facility of creches is provided in the establishment for the caretaking of the child.