What did the Maternity Benefit Act, 1961, mandate?

1. Twelve weeks of leave from employment for expecting mothers.

Establishments were mandated to provide expectant mother with 12 weeks of paid leave from
employment, of which not more than six weeks were to precede the date of her expected
delivery. They were prohibited from employing women during the six weeks immediately
following the day of her delivery. They were also prohibited to require employee to partake
in any work which was either of:

 Arduous nature
 Involved long hours of standing
 Any work which was likely to interfere with pregnancy or the normal development of
the fetus from a period of one month immediately preceding the date of her expected
delivery.
2. Right to disbursement of maternity benefits.

Establishments were entitled to provide expectant female employees with monetary maternity
benefit at the rate of the average daily wage for up to 12 weeks, out of which nor more than 6
weeks were to precede the date of her expected delivery. However, no female employee was
entitled to this benefit unless she had worked under the employer, from whom she was
claiming maternity benefit, for a period of 80 days in the 12 months preceding the date of
expected delivery.

3. Protections for women in difficult situations.

 Protection for women suffering from miscarriage, undergoing Medical Termination of

Pregnancy, suffering from illness arising out of pregnancy, delivery, premature birth
of the child, or miscarriage.
 Establishments were also required to provide adequate coverage to women who do
not undergo successful delivery, or suffer from post-partum illnesses.
  In case of miscarriage or medical termination of pregnancy, the act entitles women to
leave with wages at the rate of maternity benefits, for a period of 6 weeks following
the day of termination of her pregnancy.
 In case of any post-partum illness, a woman is entitled, in addition to the period of
absence allowed to her under the maternity benefit, to leave with wages at the rate of
maternity benefit for a maximum of one month.
4. Unlawful for employer to dismiss employing during absence of pregnancy.

Section 12 of the Act stated that it would be unlawful for an employer to discharge or dismiss
a female employee on account of absence of pregnancy (maternity leave). The discharge of a
female employee on any other grounds, while she is on maternity leave, would not deprive
her of the maternity benefits, unless it is on the account of gross misconduct.

What does the Maternity Benefits (Amendment) Act, 2017 mandate?

1. Increase in maternity leave duration to 26 weeks

Establishments are now required to provide 26 weeks of paid Maternity Leave, of which no
more than 8 weeks should precede the date of expected delivery. Establishments must keep
must also keep in mind that the 26 weeks of maternity leave are only mandated for the first
two successful pregnancies. For the third and fourth child, the paid leave entitlement will be
12 weeks each, of which no more than 6 weeks should precede the expected date of delivery.

2. Maternity leave of 12 weeks for adopting and commissioning mothers

Establishments are required to provide 12 weeks of paid maternity leave to women

employees who adopt a child below the age of 3 months, or a commissioning mother
(Mothers who have children through surrogacy). The 12-week period will be calculated from
the date the child is handed over to the adopting or commissioning mother.

3. Option to work from home

The act has a provision under which an employer can permit a woman to work from home,
provided the nature of the work permits her to do so, even after the availing of maternity
leave benefit. The terms and conditions, as well as the duration of the arrangement, must be
as per an agreement between the employer and woman.

4. Creche facility mandatory for establishments with 50 or more employees.

Establishments having 50 or more employees are now required to have the facility of a creche
or a children’s day car within such distance as may be prescribed, either individually or as a
common facility. An employer is then required to allow four visits a day to the creche by the
woman, which also includes the interval for rest allowed to her. The provisions allow women
to take care of their children even after the termination of the maternity leave and a return to
employment.

5. Awareness about Maternity Benefits

Every establishment is required to intimate in writing as well as electronically to every

woman at the time of her appointment, regarding every benefit available under the Act. All
other (unchanged) clauses of the Maternity Benefits Act, 1961 are carried over.

MATERNITY BENEFIT ACT, 1961-SUMMARY NOTES

The Maternity Benefit Act, 1961 aims to provide all facilities to a working woman in a
dignified manner so that she may overcome the state of motherhood honourably, peaceably,
undeterred by the fear of being victimized for forced absence during the pre or post-natal
period.
Prohibition of employment/ work by women during certain period. S. 4
Right to payment of maternity benefit. S. 5
Notice of claim for maternity benefit and payment thereof S. 6
Maternity Benefits &Other benefits

 26 weeks leave with wages for delivery

 Six weeks leave with wage for miscarriage / MTP [Section 9]
condition – proof is required
 leave with wages for Two weeks in case of tubectomy operation: Section 9 A
leave with wages for a max. one month in case of illness: arising out of pregnancy,
delivery, premature birth of child or miscarriage, MPT, Tubectomy operation

Inspectors: s. 14
POWERS and duties s. 15
 enter at all reasonable times with such assistant
 any premises or place where women are employed, or work is given to them
in an establishment

Purpose of visit
1. To examine registers, records and notices required to be kept or exhibited by
or under this Act
2. require their production for inspection.
3. examine any person
4. require the employer
 to give information regarding the names and addresses of women employed
 payments made to them
 applications or notices received form them under this Act
5. take copies of any registers and records or notices or any portions thereof.

Power of Inspector to direct payments to be made s. 17

Forfeiture of maternity benefit. S. 18

Case laws
1. Tata Tea Ltd. v. Inspector of Plantations 1991(1) KLJ812

During the six weeks immediately following the day of the delivery or miscarriage of the
employee … ,an employer cannot at all call upon such employee to come and do the work

2. Punjab National Bank by Chairman and Another v. Astamija DasAIR 2008 SCC
3182