Amendments to the Maternity Benefit Act, 1961

Press Information Bureau 

Government of India

Cabinet

Amendments to the Maternity Benefit Act, 1961 

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its ex-post facto approval for amendments to the Maternity Benefit Act, 1961 by introducing the Maternity Benefit (Amendment) Bill, 2016 in Parliament. 

The maternity benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a 'maternity benefit' - i.e. full paid absence from work - to take care for her child. The act is applicable to all establishments employing 10 or more persons. The amendments will help 1.8 million (approx.) women workforce in organised sector.

The amendments to Maternity Benefit Act, 1961 are as follows:

• Increase Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two childern.

• 12 weeks Maternity Benefit to a 'Commissioning mother' and 'Adopting mother'.

• Facilitate'Work from home'. • Mandatory provision of Creche in respect of establishment having 50 or more employees. 

Justification:

• Maternal care to the Child during early childhood - crucial for growth and development of the child.

• The 44th, 45th and 46th Indian Labour Conference recommended enhancement of Maternity Benefits to 24 weeks. 

• Ministry of Women & Child Development proposed to enhance Maternity Benefit to 8 months.

• In Tripartite consultations, all stake holders, in general supported the amendment proposal.

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Paid maternity leave to women employed by private organizations and companies - Rajya Sabha Q and A

GOVERNMENT OF INDIA

MINISTRY OF  LABOUR AND EMPLOYMENT

RAJYA SABHA

UNSTARRED QUESTION NO-2641

ANSWERED ON-12.08.2015

Paid maternity leave to women employed by private organizations and companies

2641 . Shri Avinash Pande

(a) whether Government is planning to formulate any policy or guidelines laying down minimum specifications for the provisions of paid maternity leave to women employed by organisations and companies in the private sector; and

(b) if so, the details thereof and if not the reasons therefor?

ANSWER

MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT

(SHRI BANDARU DATTATREYA)

(a) & (b): The Maternity Benefit Act, 1961 is a social security legislation enacted to promote the welfare of working women. The Act prohibits the working of pregnant women for a specified period before and after delivery. It also provides for maternity leave and payment of certain monetary benefits to women workers subject to fulfillment of certain conditions during the period when they are out of employment on account of pregnancy. It can be extended to other establishments by the State Governments subject to prior approval of the Central Government.

The following benefits are available under the Maternity Benefit Act, 1961:

(i) Twelve weeks of maternity leave out of which six weeks before the expected date of delivery.

(ii) In case of tubectomy operation, two weeks leave with wages immediately following the day of her tubectomy operation.

(iii) One month maternity leave to a woman worker suffering from illness arising out of pregnancy, delivery, 

premature birth of child (miscarriage, medical termination of pregnancy or tubectomy operation)

(iv) Two nursing breaks of 15 minutes until the child attains the age of 15 months.

(v) Medical bonus of Rs.3500/- if no pre-natal confinement and post-natal care is provided by the employer free of charge.

(vi) Immunity from dismissal during absence of pregnancy.

(vii) No deduction of wages of woman entitled to maternity benefit.

Further, a proposal to increase the existing maternity leave from twelve weeks to twenty four weeks under the Maternity Benefit Act, 1961, is under consideration of the Government.

Source:www.rajyasabha.nic.in

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Maternity Benefit Act, 1961

Ministry of Labour & Employment

Maternity Benefit Act, 1961

   Review and amendments of various labour laws is an ongoing process. The Maternity Benefit Act, 1961 was amended in 2008 by which for section 8, the following section was substituted:

   “8(1) Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

   (2) The Central Government may before every three years by notification in the Official Gazette increase the amount of medical bonus subject to the maximum of twenty thousand rupees”.

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