In recent years, India has taken significant strides towards ensuring the rights and well-being of women in the workplace, particularly concerning maternity benefits. Central to this progress are two key pieces of legislation: the Maternity Benefit (Amendment) Act, 2017, and the Indian Maternity Benefit Act, 1961.
The Maternity Benefit (Amendment) Act, 2017, and the Indian Maternity Benefit Act, 1961, play pivotal roles in safeguarding the rights and well-being of pregnant women and new mothers in India's workforce. By providing extended maternity leave, prohibiting discrimination, and mandating childcare support, these acts represent significant steps towards fostering gender equality and ensuring that women can fully participate in the workforce. Nevertheless, ongoing efforts are necessary to address remaining gaps and challenges, ensuring that all women can exercise their maternity rights with dignity and equity.
The Maternity Benefit (Amendment) Act, 2017, stands as a beacon of progress, mandating that employers educate women about maternity benefits upon their appointment.
This crucial provision ensures that women are informed about their rights from the outset of their employment, empowering them to make informed decisions regarding their maternity leave and entitlements.
The Act prohibits discrimination or hiring practices based on an employee's pregnancy or childbirth status.
By outlawing such discriminatory practices, the legislation strives to create a more inclusive and equitable work environment where women are not penalised for starting or expanding their families.
One of the most significant advancements introduced by the Maternity Benefit (Amendment) Act is the extension of maternity leave.
Women can now take up to 26 weeks off for maternity leave, with up to 8 weeks allowed before delivery. Furthermore, employers are mandated to pay their full salary during this period, easing the financial burden on new mothers and allowing them to prioritise their health and that of their newborns without worrying about income loss.
Importantly, the Act also addresses the challenges faced by women who may be unable to return to work immediately after their maternity leave period. It entitles pregnant women to additional leave days if they require more time to recuperate or arrange childcare. Moreover, it explicitly prohibits employers from firing or dismissing women employees solely because they are pregnant, in labour, or recovering post-childbirth, offering much-needed job security to new mothers.
Recognising the importance of childcare support, the Maternity Benefit (Amendment) Act mandates childcare benefits.
Establishments with fifty or more employees must have a crèche within a prescribed distance. This provision allows women employees to visit the crèche up to four times a day, enabling them to breastfeed or check on their infants while at work, thus facilitating their smooth transition back into the workforce.
The Act addresses the needs of adopting mothers and surrogate mothers.
Adopting mothers are entitled to 12 weeks of maternity leave when adopting a child under 3 months old, ensuring that they have adequate time to bond with their new family member. Similarly, surrogate mothers receive 12 weeks of maternity leave, starting from the day the newborn is handed over to the adoptive parents, recognising their contribution to the surrogacy process and allowing them time to recover and bond with the child. However, it is essential to note that the Indian Maternity Benefit Act does not extend to self-employed women or those working in establishments with fewer than ten employees. While these exclusions represent limitations of the legislation, they underscore the need for broader societal support and advocacy to ensure that all women, regardless of their employment status or workplace size, can access essential maternity benefits.