The Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961 is legislation that benefits the employment of women during the time of their maternity. It ensures the women employee of “maternity benefits,” which is getting their salary paid during their absence from work to take care of the new born child. This applies to any establishment employing more than 10 employees. This Act was further amended under the Maternity Amendment Bill, 2017.

The Act is an important piece of legislation that protects the dignity of motherhood. It also helps ensure that working women are able to provide proper care for their children. In addition to protecting the rights of women, maternity benefits also help women with their finances. 

Applicability

The Maternity Benefit Act, 1961 is applicable to establishments such as factories, mines, and plantations. It is also applicable to government establishments that are employed for acrobatic equestrian performances. The above Act is also applicable to any organisation that employs more than 10 employees a day during the preceding 12 months, which is applicable to any shop or establishment in the particular state of India. This Act is also applicable to various plants and organisations. It must be followed for the goodwill of the employees.

Each company must follow this Act and provide certain benefits to the employees. This ensures that the proper health of the employees is maintained, and they get the best possible service in return. The employees grow the company, and hence, their well-being is a must. 

Eligibility

The eligibility for Maternity Benefit Act, 1961 is described as follows. To be entitled to access the benefits under this Act, the employee (women) must be employed with the establishment for a period of 80 odd days in the past twelve months.  

Provisions of Maternity Benefit Act, 1961

The provisions of the Maternity Benefit Act, 1961 cover the whole of India. In addition to public hospitals, nursing homes, schools, and other establishments, the Act also covers women who miscarry. If a woman miscarries during the pregnancy or gets an abortion, she will be entitled to a maximum of six weeks of paid leaves. If she gives birth before this time, the wages will be paid within 48 hours of production of the birth certificate.

As per the Maternity Benefit Act, 1961, women were entitled to 12 weeks of maternity leaves. However, under the Maternity Benefit (Amendment) Act, 2017, the leave period has been increased from 12 to 26 weeks. The time of maternity benefit of 26 weeks can be broken down to avail up to 8 weeks of leaves before the due date of delivery and the remaining leaves after childbirth.

The maximum period of maternity leaves of 26 weeks can be availed for up to two children. For women with more than two children, the leave duration is 12 weeks. The Act also specifies that a woman isn’t required to work for six weeks following a miscarriage unless the miscarriage is a result of medical termination of the pregnancy. Additionally, 12 weeks of leaves can be availed by surrogate mothers and mothers who have adopted a child below three months of age.  

Work from Home benefits 

The Act also states that a pregnant woman can work from home during her maternity benefits. However, the conditions of working must be mutually agreed upon between the employer and the employee. The employer must inform the pregnant woman of the maternity benefits during her first appointment. For the benefit to be paid during the maternity period, the employee must provide the required documents to the employer. The Ministry of Labour has directed the states to circulate clarifications to pregnant women. The work-from-home benefits are a must for women as it gives them the privilege to spend time with the new born and give them necessary care. 

Prior Notice

The Act stipulates that an employer must give pregnant women the necessary notice before their child is due. The employer is obliged to provide her with this notice within 48 hours. This way, the employee will be aware of the policy. If the woman is willing to work from home, she can request maternity benefits. The employee must be informed about the maternity benefits during the initial appointment. If the employee refuses, the employer is legally obligated to pay the benefit. No organisation will accept the resignation or the leave without any notice period. The act is developed for the employees, and hence, they need to make perfect use of it along with the organisation.

Conclusion

The Maternity Benefit Act, 1961 has created a foundation for women to feel confident and secure. Its main goal is to safeguard motherhood and provide a stable financial environment for both. It protects the dignity of a mother and her child and provides financial aid to an individual. The Act is an example of the power of the law to give rights to mothers. Successful implementation of the Maternity Benefit Act, 1961 has made a woman’s future a lot more secure. The Act gives a certain benefit to the employees, which eventually helps them have a smooth pregnancy period.