Empowering Motherhood: Key Provisions of the Maternity Benefit Act and Its 2017 Amendment"

The Maternity Benefit Act, 1961, is a landmark law crafted to safeguard and promote the health and welfare of women employees during pregnancy and after childbirth. It applies to establishments with 10 or more employees across sectors like factories, shops, mines, and plantations, ensuring that working women receive maternity benefits, including paid leave, job security, and medical support. Women who have worked at least 80 days in the 12 months preceding their expected delivery are eligible under this Act.

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The original Act granted women 12 weeks of maternity leave—typically six weeks before delivery and six weeks after. However, the 2017 Amendment vastly enhanced these benefits by extending paid maternity leave to 26 weeks for the first two children, with provisions allowing up to 8 weeks’ leave before delivery and the remaining 18 weeks after childbirth. For women with more than two children, maternity leave remains 12 weeks. Adoptive and commissioning mothers also gained the right to 12 weeks of maternity leave from the date the child is received.

Apart from leave entitlements, the Amendment Act introduced provisions for workplace creche facilities for establishments employing 50 or more people, obliging employers to provide child care facilities or permit the mother to visit the crèche multiple times a day. The Amendment also empowered women by allowing work-from-home options after maternity leave, subject to agreement with the employer, enabling a smoother transition back to work.

The Act also mandates full payment of average daily wages during the maternity leave period, a medical bonus if prenatal/postnatal care is not provided free, and protection against dismissal or discrimination during pregnancy and maternity leave. Employers are required to inform their women employees of these benefits at the time of appointment, institutionalizing awareness.

Collectively, the Maternity Benefit Act and its 2017 Amendment reinforce the government's commitment to gender equality and women’s health in the workforce by supporting maternity needs with extended leave, financial security, workplace facilities, and flexible work arrangements. This legislation balances nurturing motherhood while preserving women’s right to work with dignity and security.​