INTRODUCTION
The Maternity Benefit Act is an Indian labour law enacted in 1961 that provides for paid maternity leave and other benefits for women workers in India. The main objective of the Act is to protect the employment of women during the time of pregnancy and entitle them to a full paid absence from work to take care of their child. The Act also provides for other benefits like medical bonus, nursing breaks, and other related provisions. Under the
Maternity Benefit Act, a woman is entitled to a minimum of 26 weeks of paid maternity leave. This leave can be taken either before or after the delivery of the child, as per the woman’s choice. The Act also mandates that every employer should provide a crèche facility for women employees with more than 50 employees. In addition to these provisions, the Act also prohibits discrimination against women employees on the grounds of pregnancy or
maternity. It ensures that women employees are not terminated from their jobs due to their pregnancy or maternity leave.
Overall, the Maternity Benefit Act is a crucial piece of legislation that helps to protect the rights of women employees and promote gender equality in the workplace.
ELIGIBILITY
To be eligible for maternity benefits under the Maternity Benefit Act, 1961, a woman must meet the following criteria:
- She must be employed in an establishment covered by the Act for a minimum of 80 days in the 12 months preceding her expected delivery date.
- She must be pregnant and not have availed of the maternity benefit leave period earlier in the year.
- She must provide her employer with written notice of her pregnancy and the date she intends to start her maternity leave at least 6 weeks before the date of her expected delivery.
- She must produce proof of pregnancy, such as a medical certificate or an affidavit. If a woman meets these criteria, she is entitled to maternity benefits under the Act. These benefits include paid leave, medical benefits, and other benefits as prescribed by the law.
NOTE: the Act does not discriminate against women based on their marital status or the
number of children they have. It applies to all women who are pregnant and employed in the
covered establishments. The Act also provides for the protection of a woman’s job during and
after the maternity leave period, and the right to reinstatement after the leave period is over. - MATERNITY LEAVE DURATION
According to the Maternity Benefit Act of 1961, a woman who is pregnant is entitled to take a maternity leave of 12 weeks from the date of her delivery. This leave can be taken before or after the delivery of the child, but it cannot be split into separate periods.
In case of a miscarriage or medical termination of pregnancy, a woman is entitled to a maternity leave of six weeks immediately following the day of her miscarriage or medical termination of pregnancy.
It’s important to note that the Maternity Benefit Act of 1961 applies to women working in establishments employing 10 or more people. Additionally, in 2017, the act was amended toprovide for maternity leave of 26 weeks (i.e. six and a half months) for women who are having their first or second child. For women having their third child, the maternity leave entitlement remains at 12 weeks.
BENEFITS
The Maternity Benefit Act, 1961 provides certain benefits to women who are pregnant or have recently given birth. The Act applies to women working in factories, mines, plantations,shops, and other establishments.
The following are the benefits provided under the Maternity Benefit Act: - Maternity leave: Every woman who has worked in an establishment for at least 80 days in the 12 months before her expected delivery date is entitled to 26 weeks of paid maternity leave.
- Medical bonus: Women who are entitled to maternity leave are also entitled to a medical bonus of up to Rs. 3,500 to cover their medical expenses related to childbirth.
- Nursing breaks: Women who return to work after maternity leave are entitled to nursing breaks during the day for up to one year after the birth of their child.
- No discrimination: Employers are prohibited from discriminating against women employees on the basis of pregnancy or maternity.
- Work from home: Employers are required to provide work from home options for women employees if the nature of their work allows it.
- Creche facility: Employers with more than 50 employees are required to provide crèche facilities for their employees, including adequate space, amenities, and staff.(Creche Facility was put in place by The Maternity Benefit (Amendment) Act, 2017)
- Leave for miscarriage/abortion: Women who suffer a miscarriage or undergo an abortion are entitled to six weeks of paid leave.Overall, the Maternity Benefit Act is designed to support working mothers and promote
gender equality in the workplaces.
PAYMENT BENEFITS
Under the Maternity Benefits Act, women employees are entitled to payment of maternity benefits under different circumstances. Here are some of the key circumstances under which payment of maternity benefits is made: - During maternity leave: During the period of maternity leave, a woman employee is entitled to receive payment of her wages at the rate of her average daily wage for the period of her absence. The employer is entitled to make this payment.
- For miscarriage or medical termination of pregnancy: In case of a miscarriage or medical termination of pregnancy, a woman employee is entitled to leave with wages for a period of six weeks immediately following the day of her miscarriage or medical termination of pregnancy. The employer is entitled to make this payment.
- In case of death of a woman employee: In case of the death of a woman employee during her maternity leave period, the employer is liable to pay the maternity benefit to the nominee or legal representative of the deceased employee.
- In case of adoption: If a woman employee adopts a child below the age of three months, she is entitled to maternity benefit for a period of 12 weeks from the date of adoption. The employer is entitled to make this payment.
- Self-employed women: Self-employed women who are covered under the Employees’ State Insurance Act, 1948, are entitled to receive maternity benefit of up to 26 weeks. The payment is made by the Employees’ State Insurance Corporation. In summary, the payment of maternity benefits is made by the employer or the Employees’State Insurance Corporation depending on the circumstances. The amount of payment is
determined by the woman employee’s average daily wage, and the duration of payment varies
depending on the situation.
MATERNITY BENEFITS IN AUSTRALIA
The maternity benefits in Australia and India differ significantly in terms of coverage, duration, and payment amount. Some differences are mentioned underneath.
Paid Parental Leave: In Australia, eligible working parents can receive up to 18 weeks of paid parental leave at the national minimum wage. In India, the government provides for 26 weeks of maternity leave, but the payment is only a portion of the salary and varies based on
the woman’s salary and the employer’s policies.
Paternity Leave: In Australia, eligible fathers or partners can receive up to two weeks of paid leave to help care for their new-born or adopted child. In India, there is no mandated paternity leave, although some companies may offer it as a benefit.
Child Care Subsidy: In Australia, eligible families can receive a means-tested subsidy to
help with the cost of child care. In India, there is no such subsidy, although some employers may offer assistance with child care costs.
Healthcare Coverage: In Australia, women are eligible for a range of Medicare benefits during pregnancy, including rebates for prenatal tests and ultrasound scans. In India, maternity benefits under government-funded healthcare schemes vary from state to state.Overall, Australia has more comprehensive and generous maternity benefits compared to India. However, it is worth noting that India has made significant strides in recent years to
improve maternity benefits, with the introduction of a 26-week maternity leave policy in2017 being a major milestone.
MATERNITY BENEFITS IN CANADA
Maternity Leave: In Canada, female employees are entitled to up to 18 months of maternity leave, with the first 15 weeks paid at 55% of their average weekly earnings. In India, female employees are entitled to 26 weeks of maternity leave, but the payment is only a portion of the salary and varies based on the woman’s salary and the employer’s policies.
Paternity Leave: In Canada, eligible fathers or partners can receive up to 5 weeks of paid leave to help care for their new-born or adopted child. In India,there is no mandated paternity leave, although some companies may offer it as a benefit.
Employment Insurance: In Canada, the Employment Insurance (EI) program provides financial support to eligible workers who are on maternity or parental leave. In India, there is no such program, although the government provides a benefit under the Maternity Benefit Act.
Childcare Support: In Canada, the government provides a range of childcare benefits, including the Canada Child Benefit, which provides monthly tax-free payments to eligible families. In India, there is no such subsidy, although some employers may offer assistance with child care costs.
CONCLUSION
The Maternity Benefit Act of 1961 is an important piece of legislation that has helped to ensure the welfare of women employees during the period of pregnancy and maternity. It is our duty to ensure that this act is implemented in letter and spirit, and that women are not subjected to any kind of discrimination or harassment in the workplace. The Act has also contributed in creating a more inclusive and gender-equal society, where women are given the respect and dignity that they deserve.
This Article is written by Mahima Anand, BBA.LL.B 4th year student of Himgiri Zee University Dehradun.
