Theme: Workplace Welfare

You are entitled to leave from work when you are having a child. However, this differs based on certain circumstances:

If you are pregnant for the first time or you already have one child

You can claim a maximum of 26 weeks of leave if you are pregnant for the first time or if you already have one child. However, you cannot take more than 8 weeks of leave before the expected delivery date. ^{(( Proviso, Section 5(3), The Maternity Benefit (Amendment) Act, 2017.))}

If you already have 2 children

If you have 2 or more surviving children, then you can take 12 weeks of leave. For example, if a woman has 2 children already and is pregnant with her 3rd child, then she can take only 12 weeks of maternity leave. However,  only 6 weeks, can be taken before delivery. ^{(( Proviso, Section 5(3), The Maternity Benefit (Amendment) Act, 2017.))}

Adopting a child/ Commissioning mother

A woman who legally adopts a child below the age of three months, or a commissioning mother, is entitled to maternity leave. The period of leave is for 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother. ^{(( Section 5(4), The Maternity Benefit (Amendment) Act, 2017.))}
A commissioning mother is also entitled to all the benefits an employee could have post the delivery of the child, except the leave involving health of mother after delivery. ^{(( P. Geetha Vs.The Kerala Livestock Development Board Ltd. 2015 (1) KHC 165; Sadhna Agrawal Vs. State of Chhattisgarh and Ors. 2017 Lab IC 617.))}

If you are suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage, abortion or tubectomy operation, you will be entitled to an additional month of leave with wages at the rate of maternity benefit. ^{(( Section 10, The Maternity Benefit Act, 1961.)} You will have to submit proof of the illness for the same.

Employers have to pay women for the period during which they are absent from work as a result of their pregnancy. This is known as a maternity benefit. ^{(( Section 2(h), The Maternity Benefit Act, 1961.))}

• An employer has to pay you for a period starting from the day of your delivery to six weeks afterwards. This period also includes the day of the  delivery. ^{(( Section 5(1), The Maternity Benefit Act, 1961.))}
• However, you can only enjoy such benefits if you have worked for that employer for a minimum of 80 days in the last 12 months before your delivery. ^{(( Section 5(2), The Maternity Benefit Act, 1961.))}

Calculating Payment Amount/Average Wages

During this period of pregnancy, employers have to pay you the maternity benefit in the form of an average daily wage. ^{(( Section 5(1), The Maternity Benefit Act, 1961.))} The calculation for the average daily wage is based upon the average of your wages for the 3 months before the date on which you start your pregnancy leave. The following  aspects are considered while calculating wages:

• To calculate the number of days a woman has worked in the 3 months before the pregnancy leave, the employer will also consider the days for which the woman was fired or laid-off or on a holiday with wages.
• If the calculation given above is not possible, the wage amount is considered to be 10 rupees per day. Even if calculation is possible, the higher amount out of the two is paid to the woman. ^{(( Explanation, Section 5(1), The Maternity Benefit Act, 1961.))}

Medical Bonus

If you did not take time off before your delivery and your employer does not provide free post-natal care,  you are also entitled to receive a medical bonus of 1000 rupees from your employer. ^{(( Section 8(1), The Maternity Benefit Act, 1961.))}

Employers are people appointed by the government or the local authorities to supervise and control the employees of an organization. These employers have ultimate control over the establishment. ^{(( Section 3(d), The Maternity Benefit Act, 1961.))} If no person is appointed as the employer, then the head of the department or the chief executive officer of the local authority will be considered to be the employer. People such as managers and managing directors are also considered to be employers in certain situations.

Duties of employers

Employers have the following duties:

• At the time of joining the employment, employers have to inform women  about every maternity benefit available under the Maternity Benefit Act and within the organization. ^{(( The Maternity Benefit (Amendment) Act, 2017, Section 11(2)))}
• The employer cannot knowingly employ a woman during the 6 weeks following the date of her delivery, abortion or miscarriage. ^{(( Section 4(1), The Maternity Benefit Act, 1961))}
• The maternity leave starts  6 weeks before the delivery date of the woman. However, if she requests, it can start  one month before this period. During this period, the employer cannot give her arduous work, including any work that requires hours of standing or work that can negatively affect her health. ^{(( Section 4(3) and Section 4(4), The Maternity Benefit Act, 1961))}
• Employers cannot dismiss women from their job during the maternity leave period.
• Employers cannot deny payment of the maternity benefit to a woman eligible for such a benefit.

Punishments for Employers

Dismissal or non-payment of benefit

If an employer does not pay you the maternity benefit amount or dismisses you during your maternity leave, then he can be punished with imprisonment for up to one year and with a fine of up to five thousand rupees. ^{(( Section 21(1), The Maternity Benefit Act, 1961.))}

Punishment for any other violation

If your employer violates the law (The Maternity Benefit Act), then the punishment is imprisonment of up to one year, and/or a fine of up to five thousand rupees.

Obstructing Inspectors

If anyone, including the employer, obstructs the Inspector from doing his duty then they will be punished with imprisonment of up to one year, and/or  a fine of up to five thousand rupees .^{(( Section 22, The Maternity Benefit Act, 1961.))}

If you are facing trouble while seeking the benefit or for any other maternity-related reason, you have a right to file a complaint. Read more here.

The employer must pay you your maternity benefit before your delivery. ^{(( Section 6(5), The Maternity Benefit Act, 1961.))} For this, you have to give your employer a written notice to state your claim to the maternity benefit. Given below  is a checklist of information that should be in the notice:

• You have to state that you will not work for any other employer during the time for which  you have claimed the maternity benefit. ^{(( Section 6(1), The Maternity Benefit Act, 1961.))}
• You can also nominate  another person who can receive the payment on your behalf. ^{(( Section 6(1), The Maternity Benefit Act, 1961.))}
• In case you are pregnant, the notice should state the date from which you will be absent from work. This cannot be earlier than 6 weeks before the date of your expected delivery. ^{(( Section 6(2), The Maternity Benefit Act, 1961))}
• You are required to submit proof that you are pregnant.

Claiming Benefit After Delivery

Subsequently, you can claim the maternity benefit for the period after your delivery within 48 hours of submitting proof that you have delivered the child. ¹ If you have not given the notice when you were pregnant, you can give the notice as soon as possible after your delivery. ^{(( Section 6(3), The Maternity Benefit Act, 1961))}  However, just because you haven’t given a notice does not mean that you will not be able to get maternity benefits. You can make an application to the inspector and he can order that the payment be made. ^{(( Section 6(6), The Maternity Benefit Act, 1961.))}

Going Back to Work

If you continue to go to work after you have been allowed to take maternity leave by your employer, then you shall have to forfeit your claim to the maternity benefit for such period. ^{(( Section 18, The Maternity Benefit Act, 1961.))}

The Maternity Benefit Act will apply to you if you work in any of the following workplaces:

• Any establishment such as a factory, mine or plantation, including government establishments ^{(( Section 2(1)(a), The Maternity Benefit Act, 1961.))}
• Establishments employing people for the exhibition of equestrian, acrobatic and other performances ^{(( Section 2(1)(a), The Maternity Benefit Act, 1961.))}
• Shops or establishments employing  10 or more people and which is covered within the laws of the state ^{(( Section 2(1)(b), The Maternity Benefit Act, 1961.))}
• Any other establishment or class of establishments, industrial, commercial, agricultural units etc. that the state may notify. ^{(( Proviso, Section 2(1),The Maternity Benefit Act, 1961.))}

However, workplaces covered under the Employees’ State Insurance Act, 1948, will have to follow the maternity benefits given under this law. ^{(( Section 2(2), The Maternity Benefit Act, 1961))} Read more here.

Working From Home

When your maternity leave is over and the nature of your work allows you to work from home, you can ask your employer to allow you to work from home. ^{(( Section 5(5), The Maternity Benefit Act, 1961.))} This is based on you and your employer mutually agreeing on the conditions of your employment from home.