Labour law assignment
The Maternity Benefit Act, 1961
Introduction ( one page )
The Maternity Benefit Act, 1961, is a very important law in India. It was made to protect the rights of
women workers when they are pregnant and after childbirth. The Act ensures that women do not have
to worry about losing their jobs or their income when they take leave to give birth. It also promotes the
health and well-being of both mothers and their newborn babies.
Objective of the Act
The main purpose of the Maternity Benefit Act is to:
1. - Provide financial support to women during maternity leave.
2. - Protect the employment of women during pregnancy and after delivery.
3. - Ensure that women are not forced to work during the critical periods of their pregnancy.
4. - Promote a safe and healthy environment for working women.
Scope and Applicability
The Maternity Benefit Act, 1961, applies to:
- Every factory, mine, or plantation (both public and private sectors).
- Shops and establishments where 10 or more people are employed.
- Any other establishment notified by the government.
It covers women who are employed, either directly or through an agency, for wages.
Key Provisions of the Act
1. Maternity Leave
- Every woman is entitled to **26 weeks** of maternity leave (earlier it was 12 weeks but was increased
in 2017).
- If the woman already has two or more surviving children, she is entitled to **12 weeks** of leave.
- In case of adoption of a child below 3 months of age, or commissioning motherhood (through
surrogacy), the mother is entitled to **12 weeks** of leave.
2. Eligibility
- To claim maternity benefits, a woman must have worked in the establishment for at least **80 days**
in the 12 months before her expected delivery date.
3. Payment of Maternity Benefit
- Women are entitled to receive payment at the **average daily wage** rate for the period of their
maternity leave.
- The employer is responsible for paying this benefit.
4. Prohibition of Dismissal
- An employer cannot dismiss a woman during her maternity leave.
- If any employer tries to dismiss her without sufficient cause, it is considered illegal, and the woman can
seek legal action.
5. Medical Bonus
- If an employer does not provide free medical care to the pregnant woman, he must pay a **medical
bonus** (at a rate fixed by the government) to her.
6. Crèche Facility
- Establishments with **50 or more employees** must provide a **crèche facility** (daycare center) for
working mothers.
- Women should be allowed to visit the crèche four times a day.
7. Light Work
- Pregnant women may request light work for some time before their maternity leave, to avoid hard
labor that could affect their health.
Amendments to the Act
- The **Maternity Benefit (Amendment) Act, 2017** brought major changes, such as extending
maternity leave from 12 to 26 weeks.
- It introduced provisions related to crèche facilities and work-from-home options after maternity leave,
depending on the nature of the work and mutual agreement between employer and employee.
Importance of the Act
- This Act promotes **gender equality** at the workplace.
- It ensures that women can balance their professional and personal life during a crucial phase of
motherhood.
- It encourages more women to join and stay in the workforce without fear of losing their jobs.
Case Law Reference (likhibo paro nilikile o hobo)
1. Municipal Corporation of Delhi v. Female Workers (Muster Roll) & Others (2000)
In this case, the Supreme Court of India held that even women who were working on a casual or
temporary basis (muster roll workers) are entitled to maternity benefits. The Court said that maternity
rights are based on the idea of social justice and must be available to all women workers, not just
regular employees.
2. Shah v. Presiding Officer, Labour Court, Coimbatore (1978)
In this case, it was decided that a woman cannot be denied maternity benefits simply because her
contract ended during maternity leave. The Court emphasized that maternity benefit is a welfare
measure, and denying it would be unfair and against the spirit of the Act.
## Conclusion (one page)
The Maternity Benefit Act, 1961, is a landmark law that shows India's commitment to protecting
working women. It ensures financial security, job protection, and good health for both the mother and
the child. By providing these benefits, the Act plays an important role in creating a supportive working
environment for women. However, proper implementation and awareness are necessary to make sure
that all women can enjoy these rights fully.
Bibliography
The Maternity Benefit Act, 1961, Act No. 53 of 1961.
Bare Act, The Maternity Benefit Act, 1961, Commercial Law Publishers (India) Pvt. Ltd., New Delhi, 2023.
V.G. Goswami, Labour and Industrial Laws, 12th ed., Central Law Agency, Allahabad, 2022.
S.N. Mishra, Labour and Industrial Laws, 31st ed., Central Law Publications, Allahabad, 2023.
Municipal Corporation of Delhi v. Female Workers (Muster Roll), AIR 2000 SC 1274.
Shah v. Presiding Officer, Labour Court, Coimbatore, AIR 1978 SC 12.
