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The Maternity Benefit Act-Protection Beyond Paychecks

Guest Post By-Nandana Mohandas (Symbiosis Law School, Pune)

Conclusion

Introduction

Feminism may ebb and flow through distinct waves and phases, yet the enduring battle waged by women against the deeply embedded patriarchal structures remains unrelenting, a constant force in motion. In the workplace, corporate, physical or unconventional context, the quest for justice extends beyond wage disparities and protection against harassment and into the fields of necessary benefits. It remains imperative that companies construct their policies for maximum compliance with labour law standards. This is enabled by legislation such as The Maternity Benefit Act of 1961, which helps lay out the terms and intricacies of the same.

Objective of the Maternity Benefit Act, 1961

The Maternity Benefit Act (hereinafter ‘The Act’) is the cornerstone for equality at work, health in pregnancy and after childbirth. Further, it guarantees the economic security of women.

The eligibility is extended to any woman who must have been employed by her employer for at least 80 days within the 12 months preceding her expected delivery date (Section 5(2) of the Act), which supports job continuity and protects against job loss during pregnancy and leave. It ensures that women do not suffer at the workplace because of their pregnancy. They can put their health and family first without fearing for their jobs. Financial support during leave alleviates economic burden and promotes women's return to the workforce, enhancing talent retention and closing employment gaps based on gender.

Scope of the Act

Under the Act, women are entitled to 26 weeks of maternity leave for their first two children, including up to 8 weeks of pre-delivery leave (Section 5(3) of the Act). The leave period is reduced to 12 weeks if they have a third child.

Adoptive mothers with children under three months and women using surrogacy are also eligible for 12 weeks of leave (Section 5(4) of the Act). During this period, women receive their average daily wage based on the last three months' earnings and a medical bonus if the employer does not provide prenatal or postnatal care.

The Act further requires establishments with 50 or more employees to provide a crèche (Section 11A of the Act), enabling mothers to visit their children during work hours. It also protects women from dismissal during maternity leave and guarantees their return to the same or a comparable position. Subject to agreements with the employer and individual company policies, employees may also avail of flexible work-from-home options (Section 5(5) of the Act).

Facets and Protection

Post-delivery, mothers are entitled to nursing breaks, which are in addition to regular rest periods. These breaks allow them to effectively meet their infant’s feeding needs while balancing childcare and work responsibilities (Section 11 of the Act).
Moreover, employers are prohibited from terminating a woman’s employment during maternity leave, ensuring job security and protecting against discrimination related to pregnancy or maternity status. This safeguard also prevents demotions or loss of benefits due to maternity leave (Section 12 of the Act).
Recent amendments to the Act have significantly enhanced support for pregnant employees in India. One of the most notable changes is the extension of maternity leave from 12 weeks to 26 weeks (Section 5(2) of the Act) for the first two children. This adjustment, which took effect in 2017, allows mothers more time to recover from childbirth and bond with their newborns.

Penalties for Non-Compliance

Under the Act, employers who violate provisions may face a three-month jail sentence, extendable to one year, and a fine between INR 2,000 and INR 5,000, with cognizance taken by a Metropolitan or First-Class Magistrate (Section 23 of the Act). Section 24 of the Act provides an indemnity clause for actions taken in good faith under the Act.

Judiciary's Role

The courts, through judicial pronouncements, have also helped shed light on this subject and have helped compensate for the lacunae in written law. In Akepati Swarnalatha vs. Principal, Annamacharya Institute of Technology & Sciences (Autonomous) & Ors., the Andhra Pradesh High Court ruled that a female student cannot be penalised due to her student status or barred from exams or semesters for missing classes due to pregnancy. Despite the respondent college denying the petitioner (a civil engineering student) access to exams due to insufficient attendance and lack of maternity leave provision in AICTE and UGC guidelines, the court directed the college to allow her to sit for exams and release her results.

In the recent case of Dr. Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare Department & Ors., The Appellant (Dr. Kavita Yadav) was a contractual employee denied maternity benefits extending beyond her contract period. Before the Apex Court, the issue was whether a contractual employee was entitled to maternity benefits under the Maternity Benefit Act of 1961 beyond the period of her contractual employment. The Apex Court finally held that maternity benefits would apply to contractual employees even if the claim period extends beyond her contract.

Conclusion

While legislation remains progressive and amendments with the same objective continue to be introduced, it remains an unchanged fact that mindsets are yet to see a considerable evolution. Despite the protections and enhancement to the working conditions of women in the workforce, as a result of this act, it is the objective truth that organisations find loopholes to avoid liability while perpetrating the same unjust frameworks. This takes the form of reduced interest in hiring otherwise qualified but newly married female candidates, as employers may perceive the likelihood of an upcoming pregnancy and subsequent maternity leave as a burden.

References

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