Maternity Benefit
Act, 1961
Safeguarding the Rights of Working Women
Presented by: [Your Name]
Introduction
• Introduced in 1961
• Governs maternity leave and benefits for women
employees
• Ensures women's employment is protected during
maternity
• Applies to establishments employing 10 or more
persons
Objectives of the Act
• Provide maternity leave and other benefits
• Protect dignity of motherhood
• Ensure women's employment is not terminated
due to maternity
• Promote gender equality at the workplace
Applicability
• Mines, factories, plantations
• Shops and establishments with 10+ employees
• Government and private sector employees
• Not applicable to women covered under ESI Act in
certain conditions
Eligibility Criteria
• Must have worked for at least 80 days in the 12
months preceding expected delivery
• Applies to both permanent and temporary
employees
• Includes adopting and commissioning mothers
Maternity Benefits
• 26 weeks leave for first two children
• 12 weeks for third child onward
• 12 weeks for adoptive and commissioning mothers
• Full wages for leave period
Other Leave Provisions
• 6 weeks leave for miscarriage/abortion
• 2 weeks leave for tubectomy
• Up to 1 month for illness from pregnancy
Other Provisions
• No work during 6 weeks post-delivery
• No dismissal during maternity leave
• No strenuous work during pregnancy
Crèche Facility (2017
Amendment)
• Mandatory for establishments with 50+
employees
• Within 1 km of workplace
• Hygienic and equipped
• 4 visits per day allowed for mothers
2017 Amendments
• Leave increased from 12 to 26 weeks
• Work from home option
• Coverage extended to adoptive and
commissioning mothers
Penalties
• Imprisonment up to 1 year and/or ₹5,000 fine
• Inspectors to ensure compliance
Case Law
• MCD v. Female Workers (2000):
Supreme Court: Casual workers entitled to benefits
• Reinforces Article 42 of Constitution
Critical Analysis
• Progressive
• Challenges in implementation
• Corporate resistance due to costs
Suggestions for
Improvement
• Cover unorganized sector
• Better enforcement
• Incentivize employers
• Awareness campaigns
Conclusion
• Ensures social justice and equality
• Needs stronger implementation
• Promotes inclusive workforce
References
• Maternity Benefit Act, 1961
• Ministry of Labour & Employment
• Supreme Court judgments
• Law Commission Reports
