UNIVERSITY OF PETROLEUM & ENERGY STUDIES, DEHRADUN

SCHOOL OF LAW

ASSIGNMENT
MATERNITY BENEFITS ACT 1961

Submitted By:- Submitted To:-

DIVYANSH BHARGAVA Miss. MEHREEN MANZOOR

500052812 Ass. Professor

R154216042

B.A. LLB (CONSTITUTIONAL LAW) B2

VII SEMESTER
Objective

The objective of maternity benefits is to protect the dignity of “Motherhood” by providing the
complete & health care to the women & her child when she is not able to perform her duty due to
her health condition. There is need for maternity benefits so that a woman is to be able to give
quality time to her child without having to worry about whether she will lose her job and her
source of income.

The Act does not apply to any such factory/other establishment to which the provisions of the
Employees’ State Insurance Act are applicable for the time being.

Features

Protection from termination or dismissal during the pregnancy: Section 12 of the Maternity
Benefit Act, 1961 emphasizes that any dismissal or discharge of a women during the pregnancy
is unlawful and such employer can be punished under section 12 of the Act. However, in cases of
gross misconduct, the employer can take necessary actions as per the defined disciplinary policy
of the Company.

Duration of Maternity Leave in India: The Act has increased the duration of paid maternity
leaves to 26 weeks from the present 12 weeks. The extended period is applicable to women in
case of the first and second child. Women who are expecting after having 2 children, the duration
of paid maternity leave shall be 12 weeks i.e. 6 weeks pre-delivery and 6 weeks post-delivery.

For adoptive and commissioning mothers: The Act now extends to adoptive mothers as well.
Every woman who has adopted a child will get 12 weeks of maternity leave from the date of
adoption.

Work from Home: It also introduces the option of ‘work from home’ for mothers. After the
expiry of the 26 weeks’ leave period, the woman can use this option to do her work from home.
This option can be modified according to the nature of the work and terms and conditions levied
by the employer.

Crèches: The Act makes it compulsory for every establishment employing 50 or more women to
have in-house creche facilities and allows women to visit the facility 4 times during the day, but
the age of the children up to which age are entitled to the facility of crèche is not mentioned in
the Act.

Awareness: The Act makes it compulsory for employers to aware women about the maternity
benefits at the time of their appointment. Such information must be given in writing and
electronically.

2017 Amendment

 The Maternity Benefit (Amendment) Act 2017 has increased the duration of paid
maternity leave available for women employees to 26 weeks from 12 weeks. However for
those women who are expecting after having 2 children, the duration of the leave remains
unaltered at 12 weeks.
 The paid maternity leave can be availed 8 weeks before the expected date of delivery.
Before the amendment, it was 6 weeks.
 The Maternity Benefit (Amendment) Act 2017 has extended the benefits applicable to the
adoptive and commissioning mothers and provides that woman who adopts a child will
be given 12 weeks of maternity leave from the date of adoption.
 The Act has introduced an enabling provision relating to “work from home” that can be
exercised after the expiry of 26 weeks’ leave period. Depending upon the nature of work,
a woman can avail of this provision on such terms that are mutually agreed with the
employer.
 The amended Act has mandated crèche facility for every establishment employing 50 or
more employees. The women employees should be permitted to visit the facility 4 times
during the day.
 The amended Act makes it compulsory for the employers to educate women about the
maternity benefits available to them at the time of their appointment.