The benefits women are entitled to and the

rights they can claim under maternity

3 min read . Updated: 12 May 2019, 06:05 PM ISTNeil Borate
 Employers are required to inform women in writing, electronically about the
maternity benefits available under the Maternity Benefit Act upon their joining the
workforce
 The law allows women employees to work from home in addition to the maternity
benefit period if the nature of work allows that
Topics
Maternity BenefitsMaternity Leave
In order to protect the rights of women employees during pregnancy and after
childbirth, Indian law makes it mandatory for most establishments to
offer maternity benefits to women employees. Maternity benefit in India is mainly
governed by the Maternity Benefit Act, 1961 that applies to all shops and
establishments with 10 or more employees. Those women who work in factories
with 10 or more workers are given maternity benefits as available under the
Employees’ State Insurance Act, 1948.
Remember that employers are required to inform women in writing and
electronically about the maternity benefits available under the Maternity Benefit
Act upon their joining the workforce.
Given that women often feel left out or face biases during pregnancy or after
childbirth in their workplace, it is important for them to know the benefits they can
avail of and the rights under the law. We take you through the maternity
benefits available to women and the rights they can lay claim to.
Wages and leaves
The Maternity Benefit Act provides that a woman will be paid maternity benefit at
the rate of her average daily wage in the three months preceding her maternity
leave. However, the woman needs to have worked for the employer for at least 80
days in the 12 months preceding the date of her expected delivery.
The Maternity Benefit Act originally provided maternity benefit of 12 weeks, out
of which up to six weeks could be claimed before delivery. In 2017, the law was
amended to extend the period to 26 weeks. Out of the 26 weeks, up to eight weeks
can be claimed before delivery. However, you need not structure your leaves in
this manner—you can instead take the entire 26 weeks of leave after the delivery.
Also, these are maximum periods of claim and you can claim the benefit for a
smaller period as well.
If the woman has more than two surviving children, the maternity benefit is for 12
weeks only. The law was also amended to extend maternity benefits to
commissioning and adoptive mothers who are now entitled to 12 weeks of leave
from the date the mother receives the child.
Women undergoing a tubectomy operation (a medical procedure to stop future
pregnancies) also get a paid leave of two weeks following the operation. In case of
miscarriage or medical termination of pregnancy, the law permits women six
weeks’ leave after the procedure. In case of an illness after delivery, miscarriage,
medical termination of pregnancy or tubectomy, a woman can claim a leave with
wages for a further period of one month, over and above what is allowed.
Other benefits
The law also allows employers to permit women employees to work from home in
addition to the maternity benefit period if the nature of work allows that.
The law was further amended in 2017 to make it mandatory for establishments
with more than 50 workers to establish creches. Mothers are entitled to visit the
creches up to four times a day and to two nursing breaks per day in addition to any
other breaks that are available as a matter of course, until the child attains the age
of 15 months.
Employee rights
An employer cannot dismiss a woman for taking maternity leave and cannot serve
a termination notice to a woman on maternity leave which expires before the
maternity leave ends. Also, an employer can’t change the terms of service to the
woman’s disadvantage during her maternity leave.
Further, maternity benefit and medical bonus will have to be paid to a woman who
is discharged or dismissed during pregnancy unless it is for gross misconduct.
Maternity Leave in India
The Maternity Benefit Act 2017 (Amendment) was framed
to ease the dilemma of the working-cum-expecting mothers.
In August 2016, it was passed by the Rajya Sabha and has
also been passed by the Lok Sabha in March 2017. But
guess what? The new law is with additional benefits.
 Initially, the maternity leave in India was for 12 weeks i.e 3
months. But after March 2017, the Maternity Benefit Act
(Amendment) increased the maternity leave to 26 weeks i.e
more than 6 months for women working in companies with
at least 10 employees.  However, a woman who already has
two or more children is entitled to 12 weeks of maternity
leave. 
With the new amendment, according to the TOI, India has
qualified among the 16 countries having the longest paid
leave for new mothers. There are several other additional as
well as important information, that every female employee,
irrespective of her pregnancy status, must be aware of.

Have a look to know more:

Paid Leaves for Pregnant Women in India

In case of miscarriage or medical termination of pregnancy,
a woman shall, on production of such proof as may be
prescribed, 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 or, as the case may be,
her medical termination of pregnancy.
1. The Act is applicable to all establishments which are
factories, mines, plantations, Government establishments,
shops and establishments under the relevantly applicable
legislation, or any other establishment as may be notified by
the Central Government. (source: Wikipedia).
2. For mothers with more than two children, the maternity
leave benefits will only cover about 12 weeks.
3. This Act is applicable to all organizations that employ
10 or more persons.
4. This is available for women working both in the private
sector and public sector.
5. The Act provides an adoption leave of 12 weeks for a
woman who adopts a child under the age of 3 months.
6. A commissioning mother (biological mother who uses
her egg to create an embryo implanted in any other woman)
 is also entitled to a 12-week leave from the date the child is
handed over to her.
7. The act also introduced an enabling provision relating
to "work from home" for women, which may be exercised
after the expiry of the 26 weeks' leave period. Depending
upon the nature of work, women employees may be able to
avail this benefit on terms that are mutually agreed with the
employer.
8. The MB Amendment Act makes crèche facility
mandatory for every establishment employing 50 or more
employees. Women employees would be permitted to visit
the crèche 4 times during the day.
9. The Act further requires an employer to inform a female
employee of her rights under the Act at the time of her
appointment. The information must be given in writing and in
electronic form (email).
10. How she takes those 26 weeks depends on her. She
can take all her maternity leave after the birth of her child.
She can start her pregnancy leave anytime in 8 weeks
before her due date. A woman cannot consume more than 8
weeks of the maternity leave preceding the date of her
expected delivery.
11. In case of tubectomy operation, a woman, on the
production of such proof as may be prescribed, 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.
12. A woman suffering from illness arising out of
pregnancy, delivery, premature birth of a child (miscarriage,
medical termination of pregnancy or tubectomy operation)
be entitled, in addition to the period of absence allowed to
her leave with wages at the rate of maternity benefit for a
maximum period of one month.
13. While the female civil servants are entitled to maternity
leave for a period of 180 days for their first two live-born
children, the women working in private sector are advised
to get in touch with the respective HR partners, as the
Maternity Leave Rules may vary from company to company.
 Payment Rules During Maternity Leave in India: 
1. The maternity leave with full pay is granted on
completion of at least 80 days in an establishment in the 12
months prior to her expected date of delivery.
2. The maternity benefit is awarded at the rate of the
average daily wage for the period of a worker's actual
absence from work.
3. Apart from 26 weeks of salary (& 12 weeks of salary for
an already mother of two), a female worker is entitled to a
medical bonus of 3,500 Indian rupees.
4. Under the National Food Security Act 2013, pregnant
women and lactating mothers are entitled to receive
maternity benefit of at least Rs. 6,000.
5. The Act further requires that subject to such schemes,
as may be framed by the Central Government, every
pregnant woman and lactating mother will be entitled to free
meals during pregnancy and six months after the childbirth,
through the local Anganwadi, so as to meet their nutritional
needs.
Free medical care in India for women on maternity leave:
1. A pregnant woman worker is entitled to a maternity
benefit (in the form of a medical bonus) of 1000 rupees if no
pre-natal confinement and post-natal care are provided by
the employer free of charge.
2. It can be increased to a maximum limit of 20,000
rupees. The Central Government is authorized to increase
the basic amount every three years.
3. In August 2008, the amount of medical bonus was 2500
Indian rupees which have been later raised in 2011 to 3500
Indian rupees.
Eligibility required availing the benefits of the Maternity Benefit Act
1961
As per the details available, women working in any organization for a
minimum of 80 days in the last year are eligible to get the Maternity
Benefit.  The amount given to the pregnant women will be based
upon the daily wages that they receive while working.
Latest Changes in the Maternity Benefit Act 1961
As stated above that there are several amendments introduced by our
Honorable Prime Minister in the Parliament. After the introduction of
the amendment following are the changes in the Maternity benefits
act for working women.

The period of maternity leave has been extended from 12 weeks to 26

weeks for the women working in the private sector.

Amendment to the Maternity Benefit Act 1961 is applicable for

women having two surviving children. That means women having
two surviving children will be eligible to get 26 weeks to leave and
women having more than two children will get 12-week leave from
their working. Also according to the latest amendment if any women
adopt a child then she will also get 12-week long maternity leave.

Changes in Organizations Rules

The latest amendment in the Maternity Benefit Act has also
mandated the crèches in the organizations where 50 or more
employees are working. Additionally, the organizations are also
asked to facilitate work from home for the women.

In the Union Cabinet, our honorable Prime Minister Mr. Narendra

Modi has given the ex-post facto approval regarding the amendments
in the bill on 10th August 2016. Simply we can say that Maternity
Benefit (Amendment) Bill, 2016 was introduced on 10th August
2016 the parliament.

Changes in Organized and Unorganized Sector

While discussing the amendments and the Maternity bill, D Raja of
the Communist Party of India has given a suggestion that women
who are working in any and organized sector must also get the
benefits of this bill.
He further added that only 4% of the working women are an industry
in the organized sector. Hence the government should also take steps
for the women who are working in the unorganized sector in several
States.

After D Raja’s statement, Maneka Gandhi (Minister of Women and

Child Development)  stated that soon this benefits will be expanded
throughout the country for all the women who are working in either
organized sector or unorganized sector.

Also, Maneka Gandhi played an important role in pushing this issue

forward and also given a proposal that the government should
increase the Maternity Benefit up to 8 months.

The amendments to the Maternity Benefit Act, 1961 are as

follows (in Brief)

 Maternity Benefit for women gets increased from 12 weeks to

26 weeks for the women having two surviving children. Women
having more than two surviving children will get 12-week leave
from her workplace.
 ‘Commissioning mother’ and ‘Adopting mother’  Will get the
benefit of 12 weeks maternity leave
 Organizations will also facilitate work from home  conditions
 Mandatory provision of Creche when introduced organizations
having more than 50 employees.
Justification of the amendments to the Maternity Benefit Act,
1961 are as follows:

 For every child, it is important to have proper maternal care

 having proper maternal care is very important for the growth
and development of a child
 The enhancement of Maternity Benefits to 24 weeks has been
recommended by the 44th, 45th, and 46th Indian Labour
Conference
 Ministry of Women & Child Development has also given a
proposal to increase the maternity leave up to 08 months.
Hence these are all the details about the Maternity Benefit Act 1961.