Presented By:

Name: Ms. Isha Trivedi

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 Preamble !!!

✓Principal Objective of Enactment : To regulate the employment of women for

a certain period before and after child-birth and to provide them maternity
benefits.

✓Relevant Acts for Maternity Protection: At present provided under the

different State Acts on the subject And via three Central Acts
– The Mines Maternity Benefit Act, 1941,
– The Employees’ State Insurance Act, 1948
– The Plantations Labor Act, 1951

 ACT NO. 53 OF 1961

 Initially led on : 12th December, 1961

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BIG Change
 India, third on the list of countries with most number
of days given as maternity leave, after Canada and
Norway.

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 What’s in the law !!!

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Comparing the old and new version !!!

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 New Inclusions!!!

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 New Inclusions (contd.) !!!

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Awaiting Clarity

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Awaiting Clarity

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 Who is applicable…!!!

➢ The act extends to whole of India except the state of Jammu and Kashmir.
➢ It applies to every establishment be it a Factory, Mine or Plantation
including those belonging to Government .
➢ It applies to every establishment wherein persons are employed for the
Exhibition of Equestrian, Acrobatics and other Performances.
➢ It also applies to every Shop or Establishment in which 10 or more persons
are or where employed on any day of the preceding 12 months.
➢ The act is not applicable on any factory or other establishment to which the
provision of Employee State Insurance Act,1948 apply.

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 Who is Eligible…!!!
✓ Every women shall be entitled to Maternity Benefits by her Employer
and the Payment at the Rate of the Average Daily Wages for the period
of her Actual Absence.

✓ Woman who has worked in any establishment for a period not less
than 80 Days in the Twelve Months immediately preceding the date of
her expected delivery.

✓ Woman earning less than 15,000 may be offered ESI Scheme by her
Employer and will not be entitled for Maternity Benefit.

✓ Woman falling under section 5A are Exceptions and by under section

5(2) they are entitled for Maternity Benefits if she has worked for the
period of Seventy days in Twelve Months immediately preceding the
date of her expected delivery.

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 What should be done by Employee?

✓ She should give Notice in writing in the Prescribed Form that

her maternity benefit may be Paid to Her or to Her Nominee.

✓ She should notify that she will Not Work in any Establishment
during the period for which she Receives Maternity Benefit.

✓ She has to inform about her Absence from work from the Date
which shall not be Earlier than 6 weeks before the date of her
expected delivery.

✓ The notice may be given during the

✓ pregnancy or as soon as possible, after the delivery.

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 Cash Benefits

 Payment of Maternity Benefit in case of Death of a Woman: The amount or benefits shall
be given to the Person Nominated by the woman and in case there is No such Nominee, to
her Legal Representative.
 Payment of Medical Bonus: The medical bonus of Two Hundred and Fifty Rupees is to be
given by Woman’s Employer
 Leave for Miscarriage, etc. : The woman after producing the proof is entitled to Leave
with Wages at the Rate of Maternity Benefit, for a period of Six Weeks immediately
following the day of her miscarriage
 Leave with Wages for Tubectomy Operation : In this case the woman after producing the
proof 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, Premature Birth of Child,
[Miscarriage, Medical Termination of Pregnancy or Tubectomy operation]: In this case
after producing proof she will be entitled in Addition to the Period of Absence Allowed, to
Leave with Wages at the Rate of Maternity Benefit for a Maximum period of One month.

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 Non-Cash Benefits

 Nursing Breaks:
She will be entitled in Addition to the Interval for Rest Allowed
to her, be Allowed Two Breaks of prescribed duration for
Nursing the child until the child attains the age of Fifteen
Months.
 No Discharge or Dismiss while on Maternity Leave.
 No Deduction of Wages in case of Breaks for Nursing the Child.
 Light Work for 10 weeks (6 Weeks plus 1 Month)before
delivery.

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 Duties and Penalty for Employer

 Record Management :
Every employer need to Prepare and Maintain Registers,
Records and Muster-Rolls as may be prescribed.

 Penalty for Contravention of Act by Employer.-

If any Employer Fails to Pay any amount of Maternity Benefit or
Discharges or Dismisses the Woman who is entitled under this
Act, He shall be Punishable with Imprisonment up to 1 year and
Fine up to Rs.5000.The Minimum being 3 Months and Rs.2000
respectively.

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What about Paternity Leave ????
•There is no provision on paternity leave in Indian labor
law for private sector workers.

•The civil servants (Central Government) however are entitled

to paternity leave. A male civil servant (including an apprentice, probationer) with less
than two surviving children, may be granted Paternity Leave for a period of 15 days
before or up to six months from the date of delivery of the child.

•If paternity leave is not taken within 6 months of the birth of child, it is treated as
lapsed.

•Workers on paternity leave are paid their leave salary equal to the pay drawn
immediately before proceeding on leave.

•The paternity Leave may be combined with leave of any other kind.

•The paternity leave cannot be debited against the leave account.

•Paternity Leave cannot normally be refused under any circumstances

•Source: Rule 43-A & 43-AA of Central Civil Services (Leave) Rules, 1972
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References
✓ http://timesofindia.indiatimes.com/city/delhi/Surrogate-mothers-may-
get-six-months-maternity-leave/articleshow/51686120.cms

✓https://en.wikipedia.org/wiki/Maternity_Benefit_(Amendment)_Act,_2017

✓http://labour.gov.in/sites/default/files/Maternity%20Benefit%20Amendme
nt%20Act%2C2017%20.pdf

✓https://www.paycheck.in/main/labour-law-india/family-responsibilities

✓http://www.indiatimes.com/news/india/india-s-men-need-paternity-
leave-as-much-as-women-need-maternity-leave-here-s-why-273509.html

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 Thank You !!!

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