Maternity Benefit

Women who make up half of the population are a significant portion of the labour force. The obligations of employment necessitate balancing job, childbearing, and child-rearing responsibilities. The constitutional framework aims to give women equality in all spheres of life. The Maternity Benefit Act, which follows the model of the International Labor Organization, seeks to provide maternity protection to women in order to promote this goal. The Maternity Benefit Act of 1961 and its most recent revision from 2017 ensure that women can actively participate in the workforce after giving birth. The gradual transformation of society makes it necessary for women to avoid becoming exposed during the precarious stage of pregnancy. In order to prevent this from having an influence on women, their productivity, or economic growth, the Maternity Benefit Act guarantees that a woman has equal protection to employment during pregnancy.

Scope

The Act's primary goal is to eliminate the obstacles that women face as they embark on the parenthood journey. The fundamental goal of the Act is to make it possible for women to balance work and motherhood without having to make concessions. By the end of the 19th century, Germany had established maternity benefits, setting the standard for the rest of the world. The Maternity Protection Convention was developed by the International Labor Organization in accordance with the notion. In the Indian context, N.M. Joshi introduced the Maternity Benefit Bill (No. 31 of 1924) in the Central Legislature in 1929 after seeing the need for maternity benefit legislation.

Prior to this, in the 1920s, the Women's Association of India waged a campaign to obtain maternity rights in the Jamshedpur steel sector. Following that, the Central Government made an effort by passing the Mines Maternity Benefit Act of 1941, the Employees' State Insurance Act of 1948, and the Plantations Labour Act of 1951. These acts eventually made room for the Maternity Benefit Act of 1961, which was passed by the Parliament with the sole purpose of regulating the employment of women for a specific period before and after childbirth. The ambiguities regarding the various maternity leave periods and the minimum period of service required to be eligible for maternity benefits were the driving forces behind the codification.

By providing a woman with full and healthy maintenance when she is not working, we are able to further the larger goal of safeguarding the dignity associated with motherhood.

2017 Amendment

The 2017 Amendment was brought in after the 259th Law Commission Report which states as follows:

“The Maternity Benefit Act be amended in accordance with the forward-looking provisions in the CCS Rules, whereby maternity benefits should be increased from twelve weeks to 180 days. The provision of maternity benefits should be made obligatory on the State and not left to the will of the employers and should cover all women, including women working in the unorganized sector. It is suggested that the government formulates policy or guidelines laying down minimum specifications of paid maternity leave to women employed in the private sector.”

The Minister of Labor and Employment, Mr. Bandaru Dattatreya, presented the Amendment Bill in the Rajya Sabha. The Indian Labour Conference (ILC44th )'s Session made a recommendation to extend the maternity leave duration, which was reaffirmed in the 45th and 46th Sessions, prompting the introduction of the Bill. This was coupled with the suggestions of the Ministry of Women and Child Development that aimed at improving the ambit of maternity benefits for women. As per World Health Organization Recommendations, there was a need to increase the duration of Maternity Leave to protect the mother’s and child’s health, especially since a child needs to be breastfed for the first 24 months to improve the survival rate.

Key Provisions

Duration

According to the Act, every woman is entitled to a 12-week maternity benefit. The Act aims to extend the period to 26 weeks. Additionally, under the previous rules, a woman could not use the benefit before six weeks had passed since the due date of her anticipated delivery. This is changed by the Amendment to an 8-week time-frame. The maternity benefit will remain at 12 weeks for women who have two or more children, and it cannot be used before six weeks have passed after the due date.

Adoptive and Commissioning mothers

The Amendment also extends 12 weeks of maternity leave to biological mothers who utilise their eggs to make embryos implanted in other women, as well as to women who legally adopt children under the age of three. The child's transfer to the adoptive or commissioning mother will serve as the starting point for the 12 weeks of maternity benefit calculations.

Option to Work from Home

Depending on the type of work they are to perform, the Amendment introduces a novel provision that allows women to work from home. The work can be chosen by the employer and the employee in agreement. This option continues even after delivery for a period that the employer and the woman agree upon. It does not expire after delivery.

Creche Facilities

The Amendment brings in a fresh provision of having creche facilities within a stipulated distance. The mother shall be allowed 4 visits to the creche in a day, including her time for rest.

Informing women employees of the right to maternity leave: [S.11-A (2)]

The provision calls for spreading awareness amongst women employees at the time of their employment vis-à-vis maternity benefits available to them.

Leave for Miscarriage

After a miscarriage or medical termination of pregnancy, a woman shall be given a 6 weeks maternity benefit on the production of medical documents.

Leave with wages for tubectomy operation

After providing necessary medical documents, a woman shall get 2 weeks of maternity benefit immediately after the operation.

Prohibition of dismissal during absence or pregnancy

It is unlawful to dismiss or discharge a woman employee who is absent from work in accordance with provisions of this Act. If the employer has dismissed or discharged the employee, employer will have to pay her maternity benefit or bonus as specified in the Act. If this is not complied with, then the aggrieved woman can appeal to the authorities.

Penalty

If the employer doesn't pay the money, he will be penalised in line with the Act's rules. A fine of at least Rs. 2000 that may rise to Rs. 5000 will be imposed together with a term of imprisonment of at least 3 months with a possible extension to 1 year. The aforementioned clauses demonstrate the legislature's progressive stance on women's rights and the necessity to give women the room and opportunity to flourish that they were previously denied due to this particular amendment. The legislature's production of this amendment reflects its adherence to the welfare state philosophy.

Conclusion

Working women will benefit greatly from the Maternity Benefits Act's amendment's provisions. With the modification, Indian law is now on par with international law and incorporates suggestions from the 259th Law Commission report and the 2nd Commission on Labor.