Maternity Benefit

(Amendment) Act, 2017

This act is enacted on the basis of article 39(e) & (f) of
constitution: “State shall, in particular, direct its policy
towards securing the health & strength of workers, men
and & women”

Total sections: 30 sections.

 OBJECTIVE
It aims to regulate the employment of
women in certain periods before and after
childbirth
To provide for maternity benefits
including maternity leave ,wages , bonus ,
nursing breaks
To protect the dignity of mother and
child
B. Shah Vs. Labour Court, Coimbatore, AIR 1978

While interpreting the provision of this Act, the Court has

to adopt the ‘ Beneficient rule of Construction” which
would enable the women worker not only to subsist but
also to make up her dissipated enegy, nurse her child,
preserve hr efficiency as a worker and maintain the level
of her previous efficiency and output.
 Applicability of the Act
The Act extends to whole of India.
To every establishment being a factory, mine or plantation
in which 10 or more persons are or were employed on any
day of the preceding (12) twelve months. (including any
such establishment belonging to Government & to every
establishment wherein persons are employed for the
exhibition of equestrian (riding), acrobatic and other
performances).
The Central Industrial Relations Machinery (CIRM) in the
Ministry of Labour is responsible for enforcing this Act.
 Prohibition of Employment of Women

Section 4(1) of the Act prohibits the employer

to employ a woman in any establishment
during the six weeks immediately following
the day of her delivery or her miscarriage.
Section 4(2) of the Act prohibits woman to
work in any establishment during the six weeks
immediately following the day of her delivery
or her miscarriage.
No pregnant woman shall be allowed to do
any work -
which is of an arduous nature, or
which involves long hours of standing, or
which in any way is likely to interfere with her
pregnancy or normal development of the
foetus, or
Which is likely to cause her miscarriage or
adversely affects her health.
Duties of Employee for Maternity Benefits
 5(2) She must work not less than 80 Days in the 12 months
immediately preceding the date of her expected delivery.
 Ten (10) weeks before the date of her expected delivery, she
may ask the employer to give her light work for a month. At
that time she should produce a certificate that she is pregnant.
 She should give written notice to the employer about Seven
(07) weeks before the date of her delivery that she will be
absent before and after her delivery. She should also name
the person to whom payment will be made in case she cannot
take it herself.
Where a woman dies during her delivery or during
the period of six weeks immediately following the
date of her delivery, the Act casts liability on the
employer to pay the maternity benefit for the entire
period of six weeks immediately following that day of
her delivery.
 if the child also dies during the said period then, the
employer shall be liable for the days up to and
including the day of death of the child
1. Increase in Maternity Benefit- Paid Maternity leave
increased to 26 weeks.
 Leave Prior to expected delivery date - 8 weeks.
2. No increased benefit for third child:
 A woman having two or more surviving children
shall only be entitled to 12 (twelve) weeks of
Maternity Benefit of which not more than 6 (six) shall
be taken prior to the date of the expected delivery.
Adoption/Surrogacy: A woman who adopts a
child below the age of 3 (three) months, or a
commissioning mother will be entitled to
Maternity Benefit for a period of 12 (twelve)
weeks from the date the child is handed over to
the adopting mother or the commissioning
mother.
Creche Facility: Establishment having 50+
employees it is mandatory to have crèche
facility.
The woman is also to be allowed 4 (four)
visits a day to the creche, which will include
the interval for rest allowed to her.
Work from home: An employer may allow her to
work from home post the period of Maternity Benefit.
The conditions for working from home may be
mutually agreed between the employer and the
woman.
6. Prior Intimation: Every establishment will be
required to provide woman at the time of her initial
appointment, information about every benefit
available under the Act.
CASH BENEFITS
Paid Leave of 26 weeks
 A medical bonus of Rs.3500 (Minimum amount)
 In case of miscarriage: Paid Leave of 8 weeks,
immediately after the date of miscarriage.
 An additional leave with pay up to one month. [Proof of
illness].
Tubectomy operation: Leave with wages for a period of 2
weeks.
 NON CASH BENEFITS

No discharge or dismissal when on maternity leave

Light work for 10 weeks before delivery.
No Change to be made in any of the conditions to her Job while on ML
Two Nursing Breaks until the child will became the (15) fifteen
months old.
No deduction from the Normal and Usual daily wages of a woman
entitled to Maternity Benefit under the provisions of this Act.
Note: In case the Woman dies during this period, the maternity benefit
shall be payable only for the days up to and including the day of her
death.
 LEGAL OBLIGATION UNDER THIS ACT
 No employer shall knowingly employ a women in establishment
during 6 weeks following date of her delivery or miscarriage.
No women shall work in any establishment during the during the
6 weeks immediately the day following her delivery.
It shall be unlawful for her employer to discharge or dismiss her
on account of such misconduct.
In case of Gross misconduct, the employee in writing can
communicate about depriving such benefit.
 Writing 60 days from the day of deprivation Of maternity
benefit , any women can appeal to the authority prescribed by
law.
 Rights & Duties of Employer
Abstract of Act and rules shall be exhibited in
a conspicuous place in language or languages
of the locality in every part of the
establishment in which women are employed.
 Records Management: Every employer shall
prepare and maintain such registers, records
and muster-rolls and in such manner as may be
prescribed under the Maternity Act.
 Penalty for contravention of Act:  imprisonment
which shall not be less than (03) three months but
which may extend to (01) one year and  fine which
shall not be less than Rs: 2000/-, which may extend to
Rs: 5000/-.