Context:
Madras High Court ruled that contractual employees are also entitled to maternity benefits.
Maternity Benefit Act 1961:
- Passed to regulate the employment of women in “certain establishments” for the period before and after childbirth and to provide for maternity benefit and certain other benefits.
- Originally, it applied to every establishment being a factory, mine or plantation.
- In 1973, it was extended to “any such establishment belonging to the Government” and “every establishment where persons are employed for the exhibition of equestrian, acrobatic and other performances.”
- No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage.
- Right to paid maternity leaves was also given, however the period of such leave could not exceed 12 weeks.
- For availing maternity benefits, a woman is mandated to work in the establishment for at least 80 days in the 12 months immediately preceding the date of her expected delivery.
- Violating provisions of the Act could result in 3 months punishment, with or without a fine
Maternity Benefits (Amendment) Act 2017:
- Biological Mothers are allowed 26 weeks of paid leave after childbirth for the first 2 children
- 12 weeks maternity leave for children beyond the first 2
- Adoptive or surrogate mothers legally adopting a child below 3 months will be entitled to a maternity benefit period of 12 weeks from the date the child is handed over to the mother.
- Allow women to work from home where the nature of work assigned to a woman is of such nature.
- Every establishment having 50 or more employees shall have the facility of creche and the employer must allow 4 visits a day to the creche as well as rest intervals for her.
Source: The Hindu
Previous Year Question
Which of the following statements is/are correct regarding the Maternity Benefit (Amendment) Act, 2017?
1. Pregnant women are entitled for three months pre-delivery and three months post-delivery paid leave.
2. Enterprises with creches must allow the mother a minimum six creche visits daily
3. Women with two children get reduced entitlements.
Select the correct answer using the code given below:
[UPSC Civil Service Exam – 2019 Prelims]
(a) 1 and 2 only
(b) 2 only
(c) 3 only
(d) 1, 2 and 3
Answer: (c)
Explanation:
Increased paid maternity leave from 12 weeks to 26 weeks for women employees, unless they have two or more surviving children. This maternity benefit should not be availed before eight weeks (earlier six weeks) from the date of expected delivery. Statement 1 is not correct.
Statement 2 is not correct. Mandatory crèche (daycare) facilities for every establishment employing 50 or more employees, including the right of mothers to visit the crèche four times per day.
