MATERNITY BENEFIT ACT 1961
MATERNITY BENEFIT ACT, 1961 (No. 53 of 1961)1 [12th. December, 1961]
An Act to regulate the employment of women in certain establishment for certain period before
and after child-birth and to provide for maternity benefit and certain other benefits.
The Maternity Benefit (Amendment) Bill 2016 (the “Amendment Bill”), an amendment to the Maternity
Benefit Act, 1961 (“Act”), was passed in Lok Sabha on March 09, 2017 , in Rajya Sabha on August 11,
2016 and received an assent from President of India on March 27,2017. The provisions of The Maternity
Benefit (Amendment) Act, 2017 (MB Amendment Act) is effective from April 01, 2017. However,
provision on crèche facility (Section 11 A) shall be effective from July 01, 2017.
Objective:-Providing maternity leave and benefit to women employee to protect the dignity of
motherhood by providing for the full and healthy maintenance of women and her child.
The Maternity Benefit Act, 1961 aims to provide all the facilities to a working woman in a dignified
manner, so that she may overcome the “state of motherhood honourably, peacefully, undeterred by the
fear of being victimised for forced absence during the pre or postnatal period”.
APPLICABILITY:- The Act is applicable to all establishments which are factories, mines, plantations,
Government establishments, shops and establishments under the relevant applicable legislations, or any
other establishment as may be notified by the Central Government.
ELIGIBILITY-A woman must be working as an employee in an establishment for a period of at least
80 days in the past 12 months to be entitled to maternity benefit under the provisions of the Maternity
Benefit Act.
The Act covers all maternity benefits in the following sections:
Section 4: Employment of, or work of, women prohibited during certain periods.
Section 5: Right to payment of maternity benefits.
Section 7: Payment of Maternity Benefits in case of death of a woman.
Section 8: Payment of Medical Bonus.
Section 9: Leave for miscarriage, etc.
Section 10: Leave for illness arising out of pregnancy, delivery, premature birth of a child,
miscarriage, medical termination of pregnancy or tubectomy operation.
Section 11: Nursing Breaks.
Section 12: Dismissal during absence of pregnancy.
Section 13: No deduction of wages in certain cases.
Section 18: Forfeiture of maternity benefits.
What happens if a woman dies in the duration of the period of maternity leave
The maternity benefit that applies to a woman only lasts up to the date of her death if she passes away
within the above-mentioned term of maternity leave. The complete maternity benefit would be payable
if the mother passes away soon after giving birth, resulting in the child’s survival. The employer is
required to pay the maternity benefit that was in effect as of the date of the child’s death if the child
passes away while the mother is still eligible for it. When a woman passes away, these payments must
be made to the person she specified in the notification she gave under Section 6 (1) of the Act, or if she
did not nominate anybody, to her legal representative.
Key highlights of the Amendment Increase in Maternity Benefit:
The period of paid maternity leave (“Maternity Benefit”) that a woman employee is entitled
to has been increased to 26 (twenty six) weeks. Further, the Act previously allowed pregnant
women to avail Maternity Benefit for only 6 (six) weeks prior to the date of expected delivery.
Now, this period is increased to 8 (eight) weeks.
No increased benefit for third child: The increased Maternity Benefit is only available for the
first two children. The Amendment provides that 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- The Amendment furthermore grants 12 weeks of maternity leave to, a
woman who legally adopts a child below three months of age; and a commissioning mother who
has been defined as a biological mother who uses her egg to create an embryo implanted in
another woman. The 12 weeks of maternity benefit will be calculated from the date the child is
handed over to the adoptive or commissioning mother.
Creche Facility: (iv) Crèche Facilities: [S.11A-(1)]Creche Facility Introduced by Maternity
Benefit (Amendment) Act, 2017- Every establishment having 50 (fifty) or more employees are
required to have a mandatory creche facility (within the prescribed distance from the
establishment), either separately or along with other common facilities. 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: If the nature of work assigned to a woman is such that she can 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.
Informing women employees of the right to maternity leave-- The provision calls for
spreading awareness amongst women employees at the time of their employment about
maternity benefits available to them.
Leave for Miscarriage [S.9]-After a miscarriage or medical termination of pregnancy, a woman
shall be given a 6 weeks maternity benefit on the production of medical documents.
Leave with wages for tubectomy operation - After providing necessary medical documents, a
woman shall get 2 weeks of maternity benefit immediately after the operation.
Prohibition of dismissal during absence or pregnancy - It is unlawful to dismiss or discharge a
woman employee who is absent from work in accordance with provisions of this Act. If the
employer has dismissed or discharged the employee, he will have to pay her maternity benefit or
bonus as specified in the Act. If this is not complied with, then the aggrieved woman can appeal
to the authorities.
Appointment of inspectors -For administration and enforcement of the Act, the government has
appointed Inspectors. According to S.16, these Inspectors shall be Public Servants as defined in
S.21 of the Indian Penal Code.
Power of Inspector to direct payments to be made - An Inspector can make an enquiry on his
own or by complaint given by the aggrieved employee. If after investigation the complaint is
found to be correct then the Inspector can direct the employer to pay the employee. If the
employee is not satisfied with the decision of the Inspector then an appeal can be made to the
prescribed authority.
Penalty for contravention of Act by employer - If the employer fails to pay the amount, then
he shall be punished in accordance with provisions of the Act. There shall be imprisonment for
not less than 3 months and extendable up to 1 year, with a fine, not less than Rs.2000 which may
extend up to Rs.5000. The aforementioned provisions are an exhibit of a progressive approach of
the legislature regarding women’s rights and the need to provide women ample opportunity and
space for growth which they otherwise were deprived of before this particular amendment.
Comparison between Maternity Benefit Act, 1961 and Maternity Benefit
Amendment Bill, 2016
Maternity Benefit Act, 1961 Maternity Benefit Amendment Bill, 2016
12 weeks maternity leave 26 weeks maternity leave
Leave not prior to 6 weeks from due date Leave can be taken 8 weeks prior to due date
Adoptive and Commissioning mothers: No
Adoptive and Commissioning mothers: Provides for 12
provision
Flexible work options:
Flexible work options:
It allows for option to work from home based on mutua
No provisions
employer and women.
CONCLUSION The MB Amendment Act is a welcome move towards protection for women to
exercise her right to carry profession guaranteed under Indian Constitution. However, the amendments
has few shortfalls like the women working in an unorganized sector are not included; the concept of
“Paternity Leave” not considered; Rules has to provide a better clarity on prescribed distance for crèche
facility; paid leave for 26 weeks shall be an additional cost for employers so, this may impact the hiring
of women employees.
