The Maternity Benefit Act, 1961: Salient Features

The Maternity Benefit Act, 1961 is a significant piece of social legislation designed to protect the dignity of motherhood by providing for the full and healthy maintenance of women and their babies. It ensures that women can remain self-reliant while balancing professional and maternal responsibilities.

1. Scope and Applicability

The Act applies to factories, mines, plantations, and shops or establishments employing 10 or more persons. It covers women employed directly or through an agency, in both the public and private sectors.

2. Eligibility (The 80-Day Rule)

To be eligible for benefits, a woman must have actually worked in an establishment for at least 80 days in the 12 months immediately preceding the date of her expected delivery.

3. Duration of Leave

Following the 2017 amendment, the duration of paid maternity leave was significantly increased:

• Standard Leave: Increased from 12 weeks to 26 weeks.

• Pre-delivery/Post-delivery: A woman can take up to 8 weeks before the expected delivery date and the remaining after.

• Third Child: For women who already have two or more surviving children, the benefit is restricted to 12 weeks.

4. Benefits for Adoptive and Commissioning Mothers

The Act provides 12 weeks of maternity leave for:

• Adopting Mothers: Those who legally adopt a child below the age of three months.

• Commissioning Mothers: Biological mothers who use their eggs to create an embryo implanted in another woman (surrogacy).

5. Other Key Features

• Work from Home: If the nature of work permits, employers may allow women to work from home after the 26-week leave period on mutually agreed terms.

• Crèche Facility: Establishments with 50 or more employees must provide a crèche facility within a prescribed distance. The mother is allowed four visits a day to the crèche.

• Medical Bonus: Every woman is entitled to a medical bonus (currently $₹3,500$) if no pre-natal or post-natal care is provided by the employer free of charge.

• Protection against Dismissal: It is unlawful for an employer to discharge or dismiss a woman solely because she is absent on maternity leave.