Empowering Mothers Through The Maternity Benefit Act, 1961

Index 

1. Introduction 
2. What Is Maternity Benefit Act, 1961
3. Key Provisions Of The Maternity Benefit Act, 1961
4. Advantages From Maternity Benefits Act, 1961
5. Period Of Leave Granted In Maternity Benefit Act, 1961
6. Requirements For Claiming Maternity Benefits 
7. Procedure For Attaining Maternity Benefits 
8. Law For Deceased Women Under Maternity Benefit Act, 1961
9. Complaint Procedure
10. Where Is The Act Applicable
11. Eligibility Criteria
12. Key Amendments In Maternity Benefit Act
13. Effects For Amendment On Maternity Benefit Act (Amendment), 2017
14. Creche Facility Under Maternity Benefit Act (Amendement), 2017
15. National Regulations For Creches Under Maternity Benefit Act (Amendment), 2017
16. Mines And Circus Under Maternity Benefit (Amendment) Act, 2019
17. Is A Creche Facility Compulsory
18. Establishment Of National Maternity Benefits Schemes By The Indian Government 
19. Comparing Maternity Benefits: India And Global Perspectives
20. Maternity Benefits For Contractual Workers 
21. Latest Judgement
22. General Advice 
23. Conclusion 

Introduction 

Maternity benefits are crucial support for women during pregnancy and childcare. This article summarises international standards and outlines the maternity benefits available in India, with a brief comparison to other nations. These benefits provide essential support for women in employment, ensuring job security, compensation, and peace of mind during childbirth and recovery. The article aims to provide readers with a basic understanding of maternity laws.

What Is Maternity Benefit Act, 1961

The Maternity Benefit Act of 1961 safeguards the employment of women during maternity by granting them fully paid wages during their absence from work to care for their child. This legislation applies to establishments with 10 or more employees, providing maternity benefits after a minimum of 80 days of work. This Act aims to support women in managing motherhood without fear of job loss or discrimination during pregnancy or postnatal periods.

The Maternity Benefit Act of 1961 ensures various benefits for pregnant women in India. Employers are required to provide a medical bonus of up to 1,000 rupees, which has been increased to 25,000 rupees by the Central Government, if there is no prenatal confinement or paid postpartum care. Women experiencing miscarriage or pregnancy-related complications are entitled to paid leave, with an additional 30-day leave for any pregnancy-related ailment. After returning to work, mothers are granted breaks to feed their child until the child is 15 months old, and firms with fifty or more female employees must provide a crèche facility. 

The Act additionally prohibits employers from terminating pregnant women, changing their employment terms to their detriment, or deducting wages for light work or breaks for child feeding. The Act applies to all businesses, including government-owned entities and those involved in displays like equestrian or acrobatics in factories, mines, or plantations, as well as stores or businesses with ten or more employees, marking a significant improvement over previous legislation.

Certain sections of this act explain further rules under the Maternity Benefit Act, they are:

1. Section 4: Prohibits the employment or work of women during specific periods related to pregnancy.
2. Section 5: Grants the right to payment of maternity benefits.
3. Section 7: Specifies the payment of maternity benefits in case of the death of a woman.
4. Section 8: Mandates the payment of a medical bonus.
5. Section 9: Provides leave for miscarriage or related complications.
6. Section 10: Grants leave for illness arising from pregnancy, delivery, premature birth, miscarriage, medical termination of pregnancy, or tubectomy operation.
7. Section 11: Allows nursing breaks for mothers.
8. Section 12: Prohibits dismissal during pregnancy-related absences.
9. Section 13: Ensures no deduction of wages in specific situations.
10. Section 18: Addresses the forfeiture of maternity benefits in certain cases.

As per Section 5(5) of the Act, employers can allow nursing mothers to work remotely if the nature of their work allows it, subject to mutually agreed terms.

Key Provisions Of The Maternity Benefit Act, 1961

Under the Maternity Benefit Act of 1961, women are entitled to twelve weeks of maternity leave, with up to six weeks allowed before the due date as per International Labour Organisation (ILO) guidelines. The Act also provides job protection, making it illegal for employers to terminate a woman’s employment during her absence, except for serious misconduct, which must be communicated in writing. Women meeting the eligibility criteria for maternity leave are entitled to receive maternity benefits at the average daily wage rate for their absence period. Financially, every woman is entitled to maternity benefits, and employers may offer a medical bonus if no prenatal or postpartum care is provided by the employer at no cost to the employee. Additionally, in case of the woman’s death, the employer is obligated to pay all outstanding dues, including maternity benefits, to her nominee or legal representative.

Advantages From Maternity Benefits Act, 1961

The Act mandates that employers refrain from hiring women for six weeks after their delivery, miscarriage, or medical termination of pregnancy. During this period, women are not permitted to work in any capacity unless specifically requested by the employee herself. Employers must ensure that any work assigned to pregnant employees does not negatively affect their pregnancy or the development of the foetus, avoiding tasks that could potentially lead to miscarriage or harm their health.

All women are entitled to maternity benefits, which their employers must pay based on their average daily income for the duration they were absent from work. This includes the time leading up to the delivery date, the day of childbirth, and the immediate postpartum period.

Period Of Leave Granted In Maternity Benefit Act, 1961

The Maternity Benefit (Amendment) Act 2017 stipulates that women are entitled to a maximum of twenty-six weeks of maternity benefits, excluding the eight weeks before the expected delivery date, as per Section 5(3).

As per Section 5(4), a woman who legally adopts a child under three months old or becomes a mother through commissioning an adoption is entitled to twelve weeks of maternity benefits starting from the day the child is handed over to her. Additionally, under Section 5(5), if a woman’s job allows for remote work, her employer can authorise her to work from home after she has availed the maternity benefit, subject to mutually agreed-upon terms and conditions.

Procedure For Attaining Maternity Benefits 

In order to claim maternity benefits under the 1961 Act, a woman must notify her employer as per the required format and procedure specified by the company. The notice should include details such as the maternity benefit amount, any additional entitlements as per the Act, the recipient’s name for payment, a declaration of not working during the benefit period, and the official start date of her absence from work. Once the woman provides proof of pregnancy, the employer is obligated to pay her maternity benefit in advance.

Law For Deceased Women Under Maternity Benefit Act, 1961

If a woman unfortunately passes away during her maternity leave period, the maternity benefit ceases to apply beyond the date of her death. However, if the mother passes away soon after childbirth and the child survives, the full maternity benefit is payable. In the event of the child’s death while the mother is still eligible for maternity benefits, the employer must pay the maternity benefit effective up to the date of the child’s death. These payments are to be made to the person specified by the woman in her notification under Section 6(1) of the Act, or if no nomination was made, to her legal representative.

Complaint Procedure

If a woman is denied maternity benefits, medical benefits, terminated from her job, or dismissed while on maternity leave, she has a period of sixty days to challenge the decision by approaching an inspector designated by the Maternity Benefit Act, 1961. If she disagrees with the inspector’s decision, she has thirty days to propose an alternative solution. In case of further disagreement or if a significant legal issue arises, she also has the option to file a lawsuit within a year. 

Every female employee working in stores, factories, mines, or estates is covered by the Maternity Benefit Act, 1961, without the need for specific criteria to determine eligibility. State governments have the authority to extend the Act to other establishments, as seen in Kerala where it applies to business establishments under the Kerala Shops and Commercial Establishments Act, 1960.

The Maternity Benefit Act of 1961 ensures full pay (100% of salary) for women on maternity leave, as it allows them to be paid based on their usual daily wages. This makes the maternity legislation more progressive compared to similar laws in many European and other developed countries. Additionally, the Act’s payment provisions align with International Labour an organisation (ILO) Convention No. 183, which mandates that maternity benefits should be based on previous earnings and must not be less than 66% of the woman’s prior income.

Salaried work provides financial independence to women, giving them choices when dealing with domestic violence. While work-driven investment has its challenges like double labour burden, corporate benefits like maternity leave are crucial for women’s work-life balance and family responsibilities.

Where Is The Act Applicable

The Maternity Benefit Act, 1961 applies to various types of establishments including factories, mines, and plantations as defined by respective Acts. It also extends to government establishments, those employing performers for exhibitions, and shops or establishments with ten or more employees within a specific state, as per Section 2 and Section 3(e) of the Act.

In Delhi, the Maternity Benefit Act applies to all establishments and commercial establishments as defined under Section 2(9) and 2(5) of the Delhi Shops and Establishments Act, 1954, respectively. Additionally, under the provision of Section 2 of the Maternity Benefit Act, the State Government, with Central Government approval, may extend the Act’s provisions to other establishments engaged in industrial, commercial, agricultural, or other activities.

Except for sections 5A and 5B, the Maternity Benefit Act does not apply to factories or establishments covered under the Employees’ State Insurance Act, 1948, as stated in Section 2(2) of the Act. Additionally, Section 26 grants the appropriate Government the authority to exempt establishments from the Act’s provisions through a notification, subject to specified conditions.

Eligibility Criteria 

To qualify for maternity benefits under the Maternity Benefit Act, a woman must have been employed in an establishment for at least 80 days within the previous 12 months.

Key Amendments In Maternity Benefit Act

The recent amendment to the statute has brought about significant changes in the four levels of maternity leave provisions. Maternity leave duration has been extended to 26 weeks, with exceptions for mothers with two or more living children who can begin leave up to 8 weeks before the expected due date. This increase of 117% from the previous Act aligns with the ILO’s recommendation of 18 weeks or more, aiming to enhance maternal recovery and child care, thereby reducing infant mortality rates. Adoption situations are addressed separately, granting a commissioning mother or an adoptive mother of an infant under three months twelve weeks of leave. Job protection clauses remain unaltered from the original Act. While immediate financial benefits haven’t been introduced, the amendment allows women to work from home with mutual agreement from their employer and provides for crèche facilities in businesses with 50 or more employees, with four permitted visits to the childcare provider.

The crucial modification in the statute is the extension of maternity leave from 12 to 26 weeks, aligning with WHO guidelines recommending 24 weeks of nursing after birth to reduce infant mortality. This change aims to decrease women leaving their jobs due to inadequate maternity leave, in line with the Maternity Benefits Convention No. 183. The inclusion of maternity leave for commissioning and adopting mothers acknowledges their need to care for themselves and their children, reflecting a commitment to parenthood. As a result of these updates, India now ranks third globally for the extent of maternity benefits offered to women, trailing only Canada and Norway.

Effects For Amendment On Maternity Benefit Act (Amendment), 2017

The Maternity Benefit (Amendment) Act, 2017 has had several impacts on employability. Some private companies may hesitate to hire women who could potentially become pregnant due to the mandated maternity leave and compensation, which can last up to 26 weeks. This perception has led many firms to view hiring women as burdensome, increasing production costs as they are solely responsible for paying full wages during the leave period. Concerns about financial stability have also arisen among employers, potentially favouring the hiring of men over women. Despite the benefits of extended maternity leave for businesses with predominantly female employees, it has also led to reduced employment opportunities for women, either due to reluctance in hiring or encouraging them to resign before childbirth to avoid additional liabilities.

Creche Facility Under Maternity Benefit Act (Amendement), 2017

Under Section 11A of the Maternity Benefit Act, any establishment with fifty or more employees falling under the Act’s purview must set up a crèche facility at a prescribed distance, as specified by notification. This crèche can be established independently or alongside common facilities. Employers are mandated to permit women at least four daily visits to the crèche, including their rest intervals. Furthermore, every establishment must inform women in writing and electronically about all benefits available under the Maternity Benefit Act at the time of their initial appointment.

National Regulations For Creches Under Maternity Benefit Act (Amendment), 2017

Section 11A of the Maternity Benefit Act mandates the establishment of crèches, either independently or alongside common facilities, within the distance prescribed by rules under the Act. This distance is determined by guidelines set by the State or Central Government, as outlined in Section 28. The Ministry of Women and Child Development has published key guidelines in the Gazette regarding crèche facilities. These guidelines propose extending crèche usage to children aged 6 months to 6 years for all employees, including temporary, daily wage, consultant, and contractual personnel. The crèche should ideally be located near or at the workplace or within 500 metres of the beneficiaries’ neighbourhood. Operating hours are recommended to be between 8 to 10 hours to accommodate shift systems, especially in establishments with day and night shifts.

Crèches must be constructed with durable materials and provide a minimum space of 10-12 square feet per child, ensuring proper ventilation and access to drinking water. Safety measures dictate that no hazardous areas such as open drains, pits, or garbage bins should be near the centre. Additional facilities include the presence of a verified guard, ramps, and handrails for accessibility, and one supervisor per crèche. The staffing ratio should be one trained worker for every 10 children under three years old and one trained worker plus a helper for every 20 children over three. External personnel like plumbers, drivers, or electricians are prohibited from entering the crèche when children are present. A Crèche monitoring committee, comprising crèche workers, parents, and administrative representatives, should oversee operations. Furthermore, a grievance redressal committee must be established to investigate instances of sexual abuse thoroughly.

Mines And Circus Under Maternity Benefit (Amendment) Act, 2019

These rules do not extend to Crèches established in Mines and Circus establishments, which are governed by the Maternity Benefit (Mines and Circus) Amendment Rules 2019. Key provisions under these rules include setting up crèches for children under 6 years of age (Rule 2(b)), categorised crèches into Types A, B, C, and D based on the number of women employees (Rule 4), ensuring basic standard requirements (also Rule 4), keeping crèches open throughout the day and night if women employees are present (Rule 8), restricting access to outsiders (Rule 9), and providing guidelines for medical arrangements (Rule 10).

Is A Creche Facility Compulsory 

Section 11A of the Amendment Act, 2017 states that crèche facilities must be established in “every establishment.” This implies that crèches are mandated only in establishments falling under the definition of “establishment” as per Section 3(e) of the Act.

The obligation to establish crèches, as per Section 11A of the Amendment Act, 2017, applies specifically to “establishments” defined under the Maternity Benefit Act, 1961. However, establishments excluded under Section 2(2) or through notification under Section 26 of the Act are not required to set up crèches. The clarification notification regarding the Maternity Benefit (Amendment) Act, 2017 reaffirmed that Section 2’s definition remains unchanged, including “establishments” as defined under State laws concerning shops and establishments. Therefore, crèche mandates under Section 11A only extend to establishments within the scope of the Maternity Benefit Act, 1961, as per Section 2(b)’s definition.

Crèches are compulsory in all establishments falling under the Delhi Shops and Establishment Act, 1954. According to Section 2(5) of the 1954 Act, a “commercial establishment” encompasses premises where trade, business, profession, or related work is conducted. Moreover, as defined in Section 2(9) of the Act, an “establishment” includes both shops and commercial establishments. Consequently, this mandate extends to companies, firms, and consulting entities, regardless of their registration under acts such as The Partnership Act, 1932, or Companies Act, 2013.

Establishment Of National Maternity Benefits Schemes By The Indian Government 

1. The Janani Suraksha Yojana, initiated under the National Rural Health Mission in 2005, aimed to decrease maternal and newborn mortality rates by promoting hospital deliveries among disadvantaged women. States were categorised as low-performing (LPS) or high-performing (HPS) based on their initial levels of institutional deliveries. The program introduced Accredited Social Health Activists (ASHAs) as frontline healthcare providers. Beneficiaries received financial assistance for both delivery and postnatal care.
2. Under the National Maternity Benefit Scheme (NMBS), women aged 19 and above from households below the poverty line receive Rs. 500 as financial aid for their first two live births, covering both pre-delivery and post-delivery expenses. This scheme has been active since 1995, aiming to provide economic support to disadvantaged pregnant women. Even in cases of infant mortality, women remain eligible for program benefits. The NMBS was later succeeded by the Janani Suraksha Yojana (JSY) to enhance its efficiency and outreach.
3. Indian obstetric and gynaecological associations, along with private clinics, are encouraged to join this voluntary initiative aimed at delivering safe maternity services. The primary objective of this program is to reduce maternal mortality and morbidity rates among pregnant and expectant women by leveraging the expertise of skilled professionals and specialists from the private sector. Through public-private partnerships, the program intends to provide complimentary prenatal and postnatal examinations, dietary guidance, breastfeeding assistance, and other essential services.
4. Starting from 2017, the Indian Government introduced the Pradhan Mantri Matru Vandana Yojana, a maternity benefit program providing a financial incentive of Rs. 5000 to pregnant and lactating mothers. This scheme aims to offer economic assistance to compensate for income loss, allowing women to have adequate rest before and after the birth of their first child. However, women employed in government, public sector, or receiving similar benefits from other laws are ineligible for this scheme’s benefits.
5. The Indian Government initiated the Pradhan Mantri Surakshit Matritva Abhiyan to ensure pregnant women receive top-notch antenatal care, focusing on preventive healthcare measures. This Abhiyan promotes healthy lifestyles for the well-being of both mother and child, offering a basic package of preventive healthcare services at the Pradhan Mantri Surakshit Matritva Clinics every ninth day of the month to beneficiaries.

Comparing Maternity Benefits: India And Global Perspectives

China : Under China’s Labour Law, pregnant Chinese citizens are granted 90 days of maternity leave post-childbirth, with additional benefits varying by location. In Shanghai, for instance, pregnant women receive 98 days of leave, including 15 days before delivery and extra days in case of delivery complications or twins. Miscarriages within the first four months allow 15 days of rest, while later terminations allow 42 days off. Women can negotiate additional perks with their employer, including lactation leave if needed. Postpartum benefits include an hour break daily, two 30-minute breaks for feeding, and a possible 15-day leave for the father. Maternity leave doesn’t include national holidays, adjusting the return date accordingly. Wage determination depends on the employer or insurance coverage if opted.

Australia : In Australia, expectant mothers, including those adopting, can take up to 18 weeks of paid maternity leave provided their individual income is below $150,000 from the most recent financial year (2021-2022) and they refrain from working during pregnancy. To qualify, they need a permanent special category visa and Australian citizenship. New arrivals typically become eligible for maternity benefits after residing in Australia for two years, except in cases of stillbirth or infant death. The baby’s father is entitled to 2 weeks of paid leave, resulting in a total of 20 weeks for parental care. A work test within 13 months of the child’s birth is required for eligibility.

The baby’s father is entitled to 2 weeks of paid leave, contributing to a total of 20 weeks of parental leave. To be eligible, the mother must pass a work test within 13 months of the child’s birth. A job keeper, employed full- or part-time, may qualify for job keeper compensation if certain criteria are met, including at least two years of continuous employment without holding a permanent position, without concurrent receipt of government benefits like paternity leave or partner pay. Simultaneous receipt of parental and job keeper payments is not permitted. The mother can transfer her remaining leave to a caregiver, including the father or partner, provided she maintains communication with her employer and the work environment permits such arrangements.

Singapore : To be eligible for maternity benefits in Singapore from both the employer and the government, a working woman must fulfil specific criteria. This includes having worked continuously for at least three months before pregnancy or three months prior to giving birth if self-employed, provided the child is a Singaporean citizen. Additionally, she must be legally married to the child’s father and must notify her employer about her maternity leave plans at least one week in advance.

Working women meeting specific criteria in Singapore are granted 16 weeks of paid maternity leave, with the employer covering the first 8 weeks’ salary. The government then reimburses the employer for the same amount. For non-Singaporean citizen infants, only 12 weeks of leave are allowed, with the first 8 weeks paid at actual income levels and the subsequent 4 weeks potentially unpaid based on the employment contract. Exceptions include full maternity leave entitlement in cases of stillbirth or infant death, irrespective of subsequent pregnancies, and equal benefits for mothers of twins. If a pregnancy ends after 20 weeks, resulting in abortion or loss, a single sick day may be granted, not covered by the maternity benefits program.

Indian companies offer female employees longer maternity leave compared to Singapore. While Singapore provides a maximum of 16 weeks of leave, India offers a range of 12 to 26 weeks, representing 38% and 62% of the total duration, respectively. This significant difference in leave duration indicates why India’s maternity leave policy is perceived as more extensive.

Maternity Benefits For Contractual Workers 

Contract employees are individuals hired for a specific period until a project concludes. Contractual employees weren’t covered by this Act, thus missing out on maternity leave benefits. However, in the case of Dr. Mandeep Kaur v. Union of India (2020), the Himachal Pradesh High Court ruled that contractual workers are also entitled to maternity benefits and all associated privileges, including job continuation.

The Petitioner, employed temporarily as a medical officer, requested 180 days of maternity leave and received it despite the absence of a specific clause in her contract. The Himachal Pradesh High Court ruled in her favour on July 15, 2020, stating that denying her maternity benefits would violate Article 21 of the Indian Constitution. This decision was influenced by previous rulings such as Municipal Corporation of Delhi v. Female Workers & Anr (2000), which emphasised maternity leave access for daily wage women employees, and cases like Rasitha C. H. v. State of Kerala (2018) and Rakhi v. State of Kerala (2017), affirming contractual workers’ rights under the Maternity Benefit Act of 1961.

The Maternity Benefit Act of 1961 outlines its applicability in various scenarios. It covers industries, mines, plantations, government-owned facilities with specific types of workers, and other establishments with ten or more employees as per existing laws. Additionally, Article 21 of the Indian Constitution ensures that no one can be deprived of life or personal liberty except through lawful procedures.

The Court’s ruling stated that any organisation with at least 10 employees is mandated to provide maternity benefits as per Section 2 of the Maternity Benefit Act of 1961.

Furthermore, the Court affirmed that despite working at the ECHS clinic, the petitioner was eligible for maternity benefits under Section 2 of the Maternity Benefit Act of 1961.

Additionally, the Court clarified that being a contractual employee didn’t disqualify her from benefits under this statute, as all female employees, irrespective of their employment status, have the right to maternity leave.

The recent court ruling in India is a positive step toward protecting and advancing the rights of working women. Despite the Maternity (Amendment) Bill of 2017 extending paid maternity leave to 26 weeks, only a small fraction of working women could benefit due to coverage limitations. This included just 1% of working women under companies with 10 or more employees, leaving out the majority employed in smaller businesses. Contractual workers were also excluded. However, the recent court decision is expected to enable more working women, especially those in smaller enterprises and on contracts, to access maternity leave benefits.

The recent court decision is a positive development for pregnant working women, ensuring them maternity leave until delivery and job security. Denying maternity benefits to contract employees was deemed a violation of Article 21 of the Constitution. All working women deserve respect, dignity, and necessary resources to maintain workplace standards, irrespective of their job type.

Latest Judgement 

1. The Supreme Court, in B. Shah v. Presiding Officer, Labour Court Coimbatore (1978), emphasised the importance of interpreting laws like the Maternity Benefit Act, 1961, in a manner that promotes social justice for female employees, especially those in the plantation sector covered by Article 42 of the Indian Constitution. During the case, the question arose regarding whether Sundays, considered paid holidays, should be counted in maternity benefit period calculations. The Court highlighted that the purpose of the Maternity Benefit Act, aligned with Article 42, aims to support women in protecting their maternity rights and maintaining work efficiency. In line with this, the Court ruled that Sundays should be included in the maternity benefit period calculation, following the principle of beneficial construction to aid women in balancing their roles as mothers and workers effectively.
2. In Municipal Corporation of Delhi v. Female Workers (Muster Roll) and Others (2000), the Supreme Court emphasised that the Maternity Benefit Act of 1961 doesn’t limit maternity leave rights to regular female employees, excluding those employed casually or on daily wages. The Court stressed that childbirth is a natural aspect of a woman’s life and that employers should be compassionate and understanding towards their needs during this time. Employers should recognize the physical challenges faced by pregnant or postpartum women in performing their job duties. The Maternity Benefit Act aims to provide these women with necessary benefits and support in a respectful manner, allowing them to manage motherhood without fear of discrimination or repercussions for taking maternity leave.
3. In the case of Mrs. Savita Ahuja v. State of Haryana & Others (1998), the Punjab and Haryana High Court upheld the petitioner’s right to maternity leave, emphasising that the temporary or ad hoc nature of her job should not be a reason to deny this entitlement. The Court ruled that she is entitled to full-pay maternity leave during her confinement and that terminating her employment due to pregnancy is unlawful. This decision extends maternity leave benefits to female government workers hired on an as-needed basis as well.
4. In J. Sharmila v. The Secretary to Government, Education Dept. Madras (2009), the court addressed whether a married government employee should receive full payment for maternity leave, considering she already had two living children. The petitioner had twins during her first birth and a single child during her second. The court ruled that maternity leave entitlement should not be based on the number of children but rather on ensuring the well-being of the female government employee. Therefore, the petitioner was entitled to full wages during her maternity leave for her second pregnancy, regardless of the number of children she had previously.
5. In the case of K.C. Chandrika v. Indian Red Cross Society (2006), the petitioner, a temporary clerk with potential indefinite employment, was granted three months of maternity leave upon request. However, while on leave, she was surprised to receive a termination notification from the respondent. The main issue was whether this termination was lawful. The Court ruled that the respondent must reinstate the petitioner with continuous service for calculating service benefits, considering all relevant factors. This decision emphasised that workers making sacrifices for the public good should receive fair compensation, including back wages.
6. In the case of Smt. Archana Panedy v. State of M.P. & others (2016), the issue centred on whether contractual employees, like the petitioners, were entitled to maternity leave benefits. After reviewing legal precedents, the Madhya Pradesh High Court determined that the Constitution mandates providing necessary support for childbirth, and there is no justification for denying maternity benefits to women working as contract employees under the Maternity Benefit Act. As a result, the respondents were directed to grant maternity benefits to the petitioner. The High Court of Madras has directed the state government to provide 180 days of paid maternity leave to all women, irrespective of their employment status, whether permanent, temporary/ad hoc, or contractual. Additionally, female employees hired regularly, on contract, ad hoc, or temporarily, with minor children below 18 years old, are entitled to a 730-day childcare leave as per supplementary instructions from the state government. The Court emphasised that maternity leave should not be considered separate from or excluded from a woman employee’s employment tenure.
7. In the case of Prachi Sen v. Ministry of Defence (2021), the Karnataka High Court clarified that the provision for work-from-home under Section 5(5) of the revised 2017 Act applies only if the nature of the woman’s job allows for remote work. Prachi Sen, an executive engineer at the Semiconductor Technology and Applied Research Centre (STARC) under the Ministry of Defence, took maternity leave but did not return to the office afterward. She requested to work from home, citing government advice, and also applied for childcare leave. After being absent for two months without authorization, STARC asked her to return. Sen approached the Court seeking benefits under the Act and challenging STARC’s communication. The Karnataka High Court’s ruling in the case emphasised that the nature of the petitioner’s work, involving sensitive and private defence research, made work-from-home unfeasible. This ruling clarified the circumstances under which female employees can utilise the work-from-home benefit under Section 5(5) of the Act. While this ruling sets a precedent for understanding limitations on offering benefits under the Act, it doesn’t authorise employers to deny benefits under Section 5(5) solely based on work feasibility. Employers should proactively support nursing mothers by providing adequate on-site or nearby childcare services. In this case, the Court decided that the work-from-home benefit wouldn’t apply but urged STARC to consider the challenges faced by working mothers during the pandemic and ensure appropriate childcare facilities are available.

General Advice

Maternity benefits are crucial for pregnant workers, providing them with job security, healthcare, and financial stability. To ease the burden on employers and maintain the competitiveness of the private sector, the Government of India has proposed funding half of the paid leave amount in the extended maternity leave benefit scheme. This plan, awaiting approval, aims to cover wages for seven additional weeks of leave for new mothers.

Despite the advantages of maternity benefit laws and programs, there are several drawbacks. These include limited accessibility to benefits for the majority of women working in the informal sector, highlighting biases towards formal labour force participants. The absence of paternity leave places the entire childcare responsibility on mothers, lacking a balance in parental obligations. Additionally, disparities in paid leave terms between biological mothers and those adopting or commissioning children raise concerns about fairness and equality. Lastly, reduced paid leave for subsequent births can negatively impact child care and upbringing.

Extended maternity leave creates financial challenges for companies, while the financial support provided by various programs often falls short of meeting all the needs of pregnant women. To enhance awareness, the Act and related schemes should be widely publicised through diverse local channels. Furthermore, there is a need for a dedicated group to monitor the implementation and evolution of the Act, ensuring its effective utilisation and continuous improvement.

Conclusion 

The Amendment Act, effective from April 1, 2017, mandates establishments to update their maternity benefit policies accordingly. While the changes are welcomed, certain aspects need clarification. It’s unclear if increased benefits apply to those already on maternity leave. Additionally, the reason for a separate implementation date for “work from home” isn’t clear, as it’s meant to be an optional provision depending on job nature, not a statutory requirement. Providing creche facilities requires additional costs for employers, who must bear the entire burden of maternity leave costs, unlike in many other countries where it’s shared among the government, employer, insurance agencies, and social security programs.