What Is the Meaning Of Maternity Benefit & Its Importance

Duration: 5-6 minutes

Maternity Benefit Act Definition

The Maternity Benefit Act, 1961 is the legislation that grants maternity benefits to employed women in India. All establishments, including all commercial and public organizations fall under the ambit of the Maternity Benefits Act.

Therefore, workplace maternity benefits are very important in ensuring job security and maintenance of women''s economic rights by aiding them in their maternal duties. It allows women who are pregnant, or expecting, a paid leave from work for the period before the childbirth and after.

Now, let us dive into and know all about this act!

What is the Maternity Benefit Act 1961?

The Indian Parliament adopted the Maternity Benefit Act, 1961, that regulates the provisions for maternity leave and benefits. The legislation in India provides for a long period of maternity benefits which includes many benefits such as medical benefits, paid time-off, and breaks for nursing.

It supports women at the time of the birth of a kid. The law is enacted to provide measures for the protection of the employment of women during the time of maternity. It also provides full relief to women employees and their families to maintain her during the period of their immediate absence and secure their job in return.

It serves to protect and maintain maternity, as well as to assure the best possible conditions for all employed women, so as to enable her care, upbringing, and nursing of her children in a manner consistent with the requirement of the child and the need to provide the mother with an opportunity to make earnings.

It is according to law that the maximum time off given to women working at an officially recognized establishment and factory is 6 months. The female workers will not work for the specified period before and after the birth, and it shall be attached to the birth date. The employer shall pay her full wage to the female worker who is not on leave.

What is the Maternity Benefit Act 2017?

There have been several amendments to the Maternity Benefit Act 1961 in view of protecting and ensuring the welfare of the female employee. In the year 2017, the Maternity Benefit Act 1961 was amended in few of its provisions; an increased duration of maternity leave, provision for work from home and mandatory provision of crèche in respect of female employees who adopt a child.

It has the following elements as under:

• Increase in the Duration of Maternity Leave: A minimum period of maternity leave of 12 weeks is required according to the Law. The 2017 amendment to the Act provided for 26-week leaves for all women. The 2017 amendment made it compulsory that maternity leave is compulsorily given to a woman only up to the delivery of her first two children. Up to the first six weeks of leave prior to the delivery date and the following 18 weeks of leave after delivery. For the third and any subsequent child, the leave period is for 12 weeks.
• Paternity Leave All Types of Fathers: The amended act also provides for a 12-week leave to women who adopt a child below the age of 3 months legally as well as commissioning mothers. The commissioning mother is the biological mother who supplies her egg to create the embryo planted in any other woman. A 12-week leave will commence from the date the child is given to the commissioning or adoptive mother.
• Option to Work Remotely: The amendment of 2017 provides that an employer can allow a woman—only in case the nature of work so permits during her pregnancy—to work from her home. The ""work from home"" option is provided for a woman after the maternity leave for a period of 4 months or the period of leave already availed by her, whichever is longer.
• Creche Facilities: According to the amendment of 2017, any establishment with more than 50 employees should have a creche facility nearby so that it is easily accessible to the employees working therein. The employer shall permit four daily visits to the creche by the mother. When the amendment becomes a law in its entirety, the companies will properly take care of her period of inactivity on the way.

Maternity Leave Eligibility Criteria

While on the other hand, the Maternity Benefit Act applies to all establishments, including private sector firms, government positions, mines, plantations, factories, and shops or establishments with 10 or more employees. Women employed in establishments having less than 10 employees and self-employed women irrespective of the employment and type of work are exempted under the Maternity Benefit Act.

There you go!

That is all you must know about maternity benefit acts. Now that you know it all, start taking care of this benefit in times to come.