Indian law requires most businesses to provide maternity benefits to women employees in order to preserve their rights during pregnancy and after childbirth. The Maternity Benefit Act of 1961, which is applicable to all businesses with 10 or more employees, primarily governs maternity benefits in India.
Every benefit provided by the act is available to any woman who has worked full-time in the organised sector for more than 80 days in the 12 weeks preceding the date of her expected delivery or the date the child is delivered to her (in the case of mothers who are adopting or commissioning children). The maternity benefits available under the Maternity Benefits Act must be explained to employees by the employer in writing or electronically.
Pregnant women get 26 weeks of unpaid leave from work.
Employers must offer 26 weeks of paid maternity leave, no more than 8 weeks of which can come before the projected due date.
According to the ruling in Municipal Corporation of Delhi vs. Female Workers (Muster Roll) & Anr, all women are qualified to obtain maternity benefits from the employer.
1. Payment of maternity benefits: Under the terms of the Act, every woman has the right to receive maternity benefits from her employer at a rate equal to her average daily income for the full time that she was away from work
2. Eligibility period for maternity benefit: A woman may be eligible to receive this benefit for a maximum of 26 weeks, but only up to 8 weeks of those 26 weeks may begin before the due date of the baby. If a woman has two or more living children, the benefit is only valid for 12 weeks, of which she can count up to 6 weeks prior to giving birth. The Act includes the holidays in the computation of the maximum number of days that a woman can receive maternity benefits.
The court ruled further that
“A woman employee who is at an advanced stage of pregnancy cannot be made to perform heavy labour since it would be harmful to both her health and the health of the foetus. Because of this, the Act stipulates that she would be entitled to maternity leave for a set amount of time before and after giving birth.
Any work that began one month before the woman’s anticipated delivery date and was likely to interfere with pregnancy or the fetus’s natural growth shall be considered to be strenuous work.”
Right to maternity compensation
Companies have a legal obligation to provide pregnant female workers maternity benefits for up to 12 weeks at the rate of the average daily salary. The maternity benefits awarded hence shall be no earlier than six weeks.
No female employee was qualified for this benefit unless she had worked for the company for 80 days in the 12 months prior to the due date of her anticipated birth.
A woman who miscarries is entitled to leave with pay at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage, upon the provision of any required documentation.
Leave is granted for illnesses related to pregnancy, delivery, a child’s preterm birth, or a miscarriage — a woman who is ill as a result of her pregnancy, delivery, or a child who was born too soon.
In addition to the period of absence permitted to her under Section 6 or, as the case may be, Section 9, she shall, upon the production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a maximum period of one month, out of which not more than 6 weeks were to precede the date of her expected or miscarriage.
According to a provision in the act, an employer may allow a woman to work from home if her line of business enables it, even after she has used the maternity leave benefit. An agreement between the employer and the lady is required, outlining the circumstances and length of the relationship.
The Karnataka High Court argued in Prachi Sen v. Ministry of Defense that remote working incentives under Section 5(5) of the amended Act could only be provided if the type of work is being done.
The notification, issued by the Government of India with number S-36012/03/2015-SS-I(Part) on June 1, 2021, In accordance with the enabling clause for allowing work-from-home for nursing moms under Section 5(5) of the Maternity Benefit (Amendment) Act of 2017, the Government has issued an advisory to all State Governments/UTs encouraging this practice. According to the Act, if a woman’s job requires her to work from home, her employer may permit her to do so after she has used the maternity benefit for the time period and on the conditions that they mutually agree upon.
Every business with fifty or more employees must have a creche facility within that range.
If the employer let the woman visit the creche four times per day, including her allotted rest period, as may be prescribed, either independently or in conjunction with common facilities.
Every woman who gives birth and resumes work afterwards is entitled to a period of rest as well as two breaks throughout each workday of the required length during which she may nurse her newborn until the child is fifteen months old.
Any employer who violates this Act or its rules is subject to a fine of up to 500 rupees, up to three months in jail, or both. If the violation relates to a provision requiring the payment of a maternity benefit or another amount, and the maternity benefit or amount has not already been recovered, the court shall also order the payment of the maternity benefit or other amount. The contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or the amount has not already been recovered, the court shall in addition recover such maternity benefit or amount as if it were fine, and pay the same to the person entitled thereto.