Particulars

The Maternity Benefits Act, 1961

The Maternity Benefits (Amendment) Act,

2017

Eligibility

Section 5 (2) A woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months.

Same as the old provision.

Duration of

Maternity

Leave

1.Women employed in factories, mines, shops and establishments with 10 or more employees, and other notified establishments, are entitled to maternity leave of 12 weeks, with full wages.

2.This maternity leave should not be availed before six weeks from the date of expected delivery.

3.Maternity leave applicable irrespective of number of children.

1.Duration of maternity leave increased to 26 weeks.

2.Changed to eight weeks.

3.For a woman who has two or more children, the maternity leave will be 12 weeks, which

can only be availed six weeks before the date of the expected delivery.

Salary/wage payment

The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery.

The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work.

Apart from 26 weeks of salary, a female worker is entitled to a medical bonus of Rs.3500 (Section 8)

Same as the old provision

Maternity

leave for

adoptive and

commissioning

mothers

No provision

Provides 12 weeks of maternity leave to:

(i) a woman who legally adopts a child below three months of age and

(ii) a commissioning mothers.

A commissioning mother is defined as a biological mother who uses her egg to have a surrogate child.

The 12-week period of maternity leave will be calculated from the date the child is handed over to the adoptive or commissioning mother

Creche

facilities

No provision

i) An employer may permit a woman to work from home, if the nature of work assigned

permits her to do so.

ii) This option can be availed of, after the period of maternity leave, for a duration that is mutually decided by the employer and the woman

Employer to

inform the

woman of

maternity

benefits

                      No provision

Every establishment has to inform a woman at the time of her appointment of the maternity benefits available to her. This communication must be in writing and electronically.

S.No

Query

Clarification

1

Applicability of the act to contractual or consultant women employees

Since there is no amendment in Section 2 of the Act, hence the original provision prevails

The Act is applicable to all women who are employed in any capacity directly or through any agency i.e. either on contractual or as consultant.

2

Protection of women in case she is fired by the employer after learning her pregnancy?

Under section 12 of the M.B Act, 1961 it is emphasized that any dismissal or discharge of a women during the pregnancy is unlawful and such employer can be punished under Section 21 of the Act.

3

Whether benefits of this Act can be extended to the employed women in the unorganized sector

The Maternity Benefit Act is applicable to all mines, plantations, shops and

establishments and factories, mines plantations, shop and establishments could be either in organized sector or unorganized.