Maternity Benefit Act 2017: Progressive Empowerment of Women

What is the Maternity Benefit Act 2017?

The Maternity Benefit Act of 2017 is a law for women's empowerment in India that aims for the welfare of women in the workforce. It ensures that women should receive adequate support during pregnancy and childbirth. This act builds upon the foundation laid by the original Maternity Benefit Act of 1961, strengthening the rights and protections provided to pregnant women and new mothers in the Indian workplace.

What are the key features of the Maternity Benefit Act 2017?

The Maternity Benefit Act of 1961 was the first in India, providing crucial protections for pregnant women and new mothers in the workforce. Later it came with some amendments in 2017, By extending maternity leave and introducing new provisions, the Act recognizes the importance of supporting women during this crucial period in their lives. Here are the key features of the Maternity Benefit Act 2017:-

• Extended duration of Maternity Leave: One of the key amendments of the 2017 act is the increase in the duration of paid maternity leave available for women employees from 12 weeks to 26 weeks for the first two children. Of these, up to 8 weeks can be taken pre-delivery. 
• Cash Benefits: Women are entitled to receive cash benefits during their maternity leave, which amounts to the average daily wage for their absence.
• Prohibition of Discharge: Employers were prohibited from discharging or dismissing a woman during her maternity leave, and any such action was deemed illegal.
• No Work During Certain Periods: The act prohibited women from working for a specified period both before and after childbirth. This was to ensure the health and safety of the mother and the child.
• Work from Home Option: The Act introduced the option for women to work from home, provided it was feasible for the employer. This allowed women to balance their professional responsibilities with their caregiving duties.
• Provision for adoption and surrogacy:- The amendment inserted in the act, give provision for maternity leave and benefits to adoptive mother and commissioning mothers. Adoptive or surrogate mothers legally adopting a child below three months will be entitled to a maternity benefit period of 12 weeks from the date the child is handed over to the mother.
• Mandatory Creche Facilities: Establishments with 50 or more employees are required to provide creche facilities, enabling mothers to continue working while ensuring the well-being of their infants.
• Informing Women of their Rights: Employers are mandated to inform women about their rights under the Maternity Benefit Act at the time of their appointment.
• Prohibition of Discrimination: The Act makes it illegal for employers to discriminate against women on the grounds of pregnancy.
• Provision of third pregnancy and later:- A woman who currently has 2 children and is applying for maternity leave for her 3rd child, or subsequent children, is eligible for 12 weeks of maternity leave 

Who is eligible for the Maternity Benefit Act 2017?

As per the Maternity Benefit (Amendment) Act, 2017- Women who have completed 80 days in the 12 months immediately preceding the date of their expected delivery are entitled to maternity leaves for a maximum of 26 weeks of which not more than 8 weeks shall be preceding the expected date of her delivery.

All women who are pregnant, adopting a child, or experiencing a miscarriage are eligible for maternity leave in India, as they fulfil the criteria that determine the categories of motherhood in India. 

• Pregnant women 
• Women adopting a child 
• Women who experience a miscarriage 
• Surrogate or commissioning mothers 

Who is not eligible for the Maternity Benefit Act?

• Women who already receive maternity benefits: If a woman is already in receipt of maternity benefits under any other law, she may not be eligible for benefits under this Act.
• Women who undergo voluntary hysterectomy: A woman who has undergone a voluntary sterilization or hysterectomy is not entitled to maternity benefits.
• Indian Maternity Benefit Act, does not apply to women who are self-employed, or at workplaces that have less than 10 employees.
• If a woman has been dismissed or discharged from her employment during pregnancy or after the delivery of the child, she may not be eligible for benefits.
• A woman adopting a child older than three months gets no benefits. Women in the unorganised sector cannot avail of maternity benefits.

The act was a very bold and progressive move towards encouraging female workforce participation. However, India is still among the bottom 10 countries in the world in terms of women's workforce participation

The Maternity Benefit Act of 2017 is a testament to India's commitment to gender equality, women empowerment and the well-being of its female workforce.  With these comprehensive protections in place, women in India can pursue their professional aspirations while fulfilling their roles as mothers with confidence and security.

LOVE AND SUPPORT ALWAYS....!!