A few months before and after the child’s birth are very important for both mother and baby. Earlier, this time was quite challenging for working women, as many times they had to work until just before delivery or had to leave the job under compulsion. Keeping this in mind, the Government of India amended the Maternity Benefits Act, 1961 and re -implemented it in 2017, so that the new mother could get a holiday with full salary to take care of her newborn.
What is Maternity Benefits Act?
The purpose of this Act is to provide equal maternity leave to working women, so that they can take care of themselves and their baby without worrying about leaving the job.
The first maternity leave was only 12 weeks, which was extended to 26 weeks in 2017. In addition, some more important amendments were made in it:
Benefits of maternity leave
- This holiday gives the mother an opportunity to give enough rest during pregnancy and after delivery.
- The mother gets time to be prepared mentally and physically for newborn care.
- The first two children get 26 weeks holiday, while 12 weeks leave is given for the third child.
- Adopting and surrogate mothers also get 12 weeks of maternity leave.
- 1 month additional holiday for pregnancy -related health problems, and 2 weeks after sterilization provides a special holiday of 2 weeks.
- The job cannot be fired during maternity leave, and the female employee will be given average daily salary.
- The promotion of the woman, increment or other benefits of the woman will not be affected during this period.
- Work from Home option may also be available after the leave ends (with the consent of the employer).
- Crach facility is mandatory in offices with 50 or more employees, where the mother can go to see her child 4 times a day.
Which institutions apply?
In India, this act applies to both government and private sectors. It consists of organized and unorganized areas such as factories, industries, shops, plantations, etc., where at least 10 or more employees are employed.
Why is maternity leave necessary?
Women’s labor power participation in India is already lower (just 37%), and according to the World Bank, India ranks 120th in 131 countries. Maternity leave law plays an important role in removing this inequality, so that women can balance between their career and motherhood.
In addition, the Working Journalist Act, Factory Act and Employees State Insurance (ESI) schemes also provide maternity benefits, although their eligibility may vary.
