Childbirth is one of the most exhilarating experiences in the life of a woman. However, this experience can sometimes take a toll on the mother’s health, mental and physical. It is even more difficult for women who are working as they have to manage the work-life balance and take care of the newborn. This leads to the creation of several questions and concerns with regards to losing their jobs, maintaining professional standards, working conditions during the tenure of pregnancy, paid maternity leave, work from home options, day-care facilities, and other benefits, in the minds of these soon-to-be mothers who have a job. 

Here, we shall look at the following aspects with regards to maternity leave and the benefits offered along with it:

1. What is maternity leave?

2. Maternity benefits available to women

3. Other benefits 

1. What is Maternity Leave?

To understand the maternity benefits that are offered in India, one must first understand the concept of maternity leave and how the laws and regulations prescribed for the same are practised. Maternity leave is a paid leave of absence from work that allows women employees the benefit of taking care of their newly born while retaining their jobs. 

Since many women have to lose their jobs due to the various concerns and dilemmas that they face during the time of pregnancy, the Indian laws have constantly supported and also amended the concept of maternity benefits in the country. In order to prevent women employees from losing their means of livelihood due to the critical health conditions they face, the maternity benefits provided in India help women avail several benefits and also have a well-informed decision on their pregnancy and maternity leave. 

In India, maternity benefits are mostly governed by the Maternity Benefit Act, 1961 that applies to all shops and establishments with 10 or more employees. This law makes it compulsory for employers to offer maternity benefits to women employees. Earlier, the duration of paid maternity leave for working women was only 12 weeks which was later increased to 26 weeks by way of the Maternity (Amendment) Bill, which was passed in the year 2017. Currently, India ranks third in the list of countries that offer the highest number of maternity leave. Apart from the Maternity Benefit Act, 1961, the Employees’ State Insurance Act, 1948 also deals with maternity benefits for women who work in factories with 10 or more workers. According to the Maternity Benefit Act, it is mandatory that the employer must inform women in writing and electronically about the maternity benefits that are available under the Maternity Benefit Act when they join their workforce. 

2. Maternity Benefits Available to Women

In many cases, women are not aware of the various maternity benefits they are entitled to and often feel apprehensive during the period of pregnancy and post-childbirth when they join their workplace. Hence, it is important to know and understand the benefits that can be availed through the laws that have been laid down for their support. 

i) Rights Related to Maternity Wages and Leave

As mentioned earlier, the Maternity Benefit Act, until 2017, provided maternity benefit of 12 weeks only, wherein the woman employee could claim six weeks before delivery. However, after the amendment to the Act in the year 2017, the period of maternity benefit was increased to 26 weeks, out of which the woman employee is allowed to claim 8 weeks before the delivery. The Act also lays down provisions regarding maternity benefits for women who already have more than 2 children and for women who are adoptive mothers. Accordingly, if the woman has more than two children, the maternity benefit and paid leave are for 12 weeks, while adoptive mothers are also entitled to 12 weeks of leave from the date the mother receives the child. Deciding the structure of claiming these maternity benefits lies completely with the woman employee. It must also be noted that the periods laid down in the Act are the maximum periods of the claim out of which the woman employee can claim the benefit for a smaller period as well.

With regards to payment of wages, the Maternity Benefit Act states that a woman shall be paid maternity benefit at the rate of her average daily wage in the three months preceding her maternity leave. In simple words, for the period of absence, the employee shall be provided with maternity leave payment at the rate of her average daily wage. Here, there is only one condition while availing the paid maternity benefits, which states that the woman needs to have worked for the employer for at least 80 days in the 12 months preceding the date of her expected delivery. Further, in addition to the 26 weeks or 12 weeks of paid leave in the case of women who already have 2 children, women employees are also entitled to receive a medical bonus of Rs. 3500. 

ii . Duties Of The Employer:

The Maternity Benefit Act has provided employers with a certain set of duties that they must fulfil while a pregnant woman is employed in their workplace. To be with, the employer cannot dismiss a female employer during her maternity leave, and 10 weeks before the delivery, employers must prevent pregnant employees from doing any kind of difficult task that may affect the mother and her child. Further, the employer must make sure that women employees must not be involved in any work for a period of 6 weeks from the date of their delivery or miscarriage, and if they fail to do so, they can be charged with a penalty of Rs. 5000/- or imprisonment, which can extend to a year or with both. Lastly, the employer is not authorized to change the terms of service to the woman’s disadvantage while she is on maternity leave.

3. Other Benefits 

In addition to the maternity benefit period, women employees have the liberty to work from home if the nature of their work allows them to do so. It must be noted that according to the provisions of the Act, a crèche facility has to be provided by an employer whose establishment employs more than 50 people. Here, the female employee can avail of the crèche facilities until the child attains the age of 15 months and is also permitted to visit the crèche four times during the regular working hours, including her regular rest intervals. 

Maternity benefit laws in India are laid down to help protect the rights of pregnant women who are working to allow them to experience childbirth in a hassle-free and joyful environment. Women employees can easily attain these benefits in their workplace as there are proper laws to monitor and regulate such benefits.