ANALYSIS OF MATERNITY BENEFIT ACT

AUTHOR- ANISHA KASHYAP

COLLEGE - SINGHAD LAW COLLEGE PUNE

India is the second largest country in the world in terms of population but still there are differences between men and women. There are still in India where issues arises during the pregnancy of women when she is in job.The maternity benefit act 1961 was implemented for the protection of women's right and intrest. It protect the employment of women during the time of her pregnancy when she is not able to perform duty due to health conditions. It entitles women employees of maternity benefit which is fully paid wages during the absence from work and to take care of her child. The act is applicable for 10 employees or more than employees. The maternity benefit act was amend in 2017 which was passed in the lok sabha on march 09,2017. The fundamental purpose for providing maternity benefits is to preserve the self - respect for motherliness, protect the health of the women complete safety of newborn child. It is an issue for men , women and even baby in the womb and new born baby. At present in the situation world family may not able to survive on one man earning. therefore it is necessary to both men and women have to work for their family. The main aim to provide maternity leave is to provide women take care of her child without thinking of her loosing job. Parental leave has also been available as a many countries to make arrangement for welfare of their child.

KEY FEATURES AND IMPLICATION OF THE MATERNITY BENEFIT ACT 2017

WORK FROM HOME:-

Women who are in maternity period they able to work from their home on full wages if they possible to do so .It can be exercised after the expiry of 26 weeks leave period after the mutual consent by the employer and women.

PROTECTION FROM TERMINATION OR DISSMASAL DURING THE PREGANCY:-

Section 12 of the maternity benefit act 1961 emphasizes that any dismassal or discharge of a women in during pregancy is unlawful and it can be punished under sec 12 of the act.

ADOPATIVE AND COMMISSIONING MOTHERS:-

The act now extends to aavative mothers as well. every woman who has adoptive a child will get 12 weeks of a maternity leave from the date of adaption.

DURATION OF MATERNITY LEAVE IN INDIA:-

The Act has increased duration of paid maternity leaves to 26 weeks from 12 weeks. those who have already two children and expecting their third child their maternity leaves will 12 weeks.

AWARENESS

The Act makes it compulsory employers to aware women about the maternity benefits at the time of their appointment.

MAJOR CHANGES OCCUR IN MATERNITY BENEFIT ACT

1.The Maternity benefit amendment act 2017 has increased the duration of paid maternity leave available for women employees to 26 weeks from 12 weeks. however for those women

who are expecting after having 2 children , the duration of leave remains 12 weeks.

2. The paid maternity leave can be availed 8 weeks before the expected date of delivery, before the amendment it was 6 weeks.

3. The maternity benefit amendment act 2017 has extended the benefit applicable to the women who adopt a child leave will be given for 12 weeks from the date of adoption.

4. The amendment act has mandated creche the faculty for every establishment employing 50 or more employees..the women employees should be permitted to visit the faculty 4 times during the day.

5. The amendment act makes it compulsory for the employees to educate women about the maternity benefit available to them at the time of appointment

LEGAL FRAMEWORK

Women are provided rights and benefits under these provisions. Article 14 provides the right to equality in law .Article 15 provides the right to social equality , under article 16 right to social equality in employment is mentioned , Article 21 Right to life and dignity. Under Directive principles of state and policy the article 39 (a) provides “Right to adequate means of livelihood, article 39(d) Right to equal pay for equal work, article 39(e) Right that the health and strength of workers both men and women are not exploited and abused, Article 42 provides right to just and humane conditions of work and maternity relief and under Article 46 Right to improvement in employment opportunities and condition of the working women is provided

MATERNITY BENEFIT ACT 1961

According to section 2 of the said act , it will apply to all establishments including plantation , shops where according to law 10 or more than 10 purple are working , mines and factories or any other organization or company. The act does have a proviso clause where the government can add any class or category of establishment like agriculture, commercial or otherwise within the boundaries of this act , as it deems necessary. In a landmark case the court held that the provisions of this act shall be entitled to maternity leave and benefit not only to regularly employed workers but also females who engaged in casual or muster roll basis on a daily wages. In another case the court said that to grant maternity leave of 180 days to all females employees state government and grant 730 days of childcare to minor child.

SECTION 3 of the law includes definitions of various appropriate government, maternity benefits, establishment, salaries ,abortion etc.

SECTION 4 she is going to not work for 1 month before her birth or for an amount of six weeks if the type of labour is stressful , like 6 weeks after her delivery – childbirth , medical termination , physiological state , or miscarriage.

SECTION 5 states that the maternity benefits are a benefit that each female should receive and that every employer is liable for the average daily wage rate on which was absent , which will be the wage which she was receiving immediately 3 months before absence , which again would come under the authority of Minimum Wages Act 1948. The exception is that she would be entitled to this if she has not worked in the said establishment in the last 12 months at least 80 days – which includes the woman laid off or any holiday declared by the law. But then if the woman have more than two or two children that this time period will be of just 12 weeks. if she dies during this period then the benefit will be given up only till that date and not after it then the child will get the benefit will only till the child is alive.

when adopting a child or commissioning mother of below age 3 months , the woman is entitled to a benefit of 12 weeks , the term can be mutually agreed by the parties to work from home In a leading case the court signified the definition of “week “ as a cycle of 7 days including Sunday. In another leading case the issue was to include half days in calculating 160 days for determining maternity benefit arises where the court.

According to section 5 the period of layoff shall also be included, during which period she is not expected to work and actual work for 160 days cannot be put on as a condition precedent for claiming the benefit. A woman can be maximum of 26 weeks of maternity benefit, which includes 8 weeks prior to and including the day of delivery of miscarriage as the provided by the new amendment act of 2017.

Under section 6 if a woman desires to claim the benefit then she will have to provide a written notice to her employees stating the time for which she will be unavailable and the amount to which she is entitled.

SECTION 8- it provides that the employer is liable to proceed pre-natal confinement and postnatal care to the pregnant women, failure to do so the woman will receive the damages of 1000- which the central government can revise and increase every three years by notifying in the official gazette of India. Since 2011 the amount of medical bonus has increased to 3500 INR by the central government.

SECTION 9-a woman is entitled to a leave and maternity benefit for about 6 weeks if she produces proof of miscarriages or medical termination of pregnancy and 2 weeks in case of tubectomy.

SECTION 10-it provides if a woman is suffering any illness or diseases due to premature childbirth delivery, miscarriage , tubectomy , pregnancy etc. then she is entitled to have a leave for 1 month with the maternity benefits in addition to the previously mentioned 12 weeks period.

SECTION 11A was added through the 2017 amendment act which talk about a creche facility meaning a nursery for the care of preschool kids while their parents work. This clause puts his obligation to establish such facility on employer where there are 50 more than 50 employees within the prescribed distance , to which workers are allowed to visit 4 times a day.

SECTION 12- the acts put an obligation on the employer not to dismiss or discharge a lady taking benefit under this act or give any sorts of notice for these matters and if done she is entilted to a medical bonus and maternity benefit and should report this to any prescribed authority within 60 days. But if she is being let go because of her own gross misconduct then this obligation wears down from the head of the employer.

SECTION 14 for this an inspector can be appointed by the authority who shall be public servant

SECTION 16 who can enter the work premises of concerned women at an inappropriate time to examine, report register, record and inspect any required information form the employer about the details of the women. A proviso is there that no persons shall be coerced to provide any answers or evidence.

SECTION 17- discusses the power of an inspector to direct any payments and the other section discusses the maintenance of records and registers or any act exhibited by the employer. if without any reasonable grounds the employer fails to abide by any of the upper given sections of this act, then he shall be liable for a fine of 5000 INR and one year of

DISADVANTAGES

Certain social scientists argue that these changes push froward patriarchy as it shifts the responsibility of childbearing towards the mother.

Many private firms may now refuse to employ women as they will have to extend these privileges to them at the time of childbirth. This will adversely impact the job opportunities available to women.

Various provisions lack clarity making implementation difficult.

Though increasing the maternity benefits available to women is a welcome step , the government needs to ensure that industries do not loose their competitiveness due to these provisions . if government can bring more uniformity in labour laws regarding maternity benefits , it would help several women all over India handle the many responsibilities handed out them.

CONCLUSION

The objective of maternity benefits is to safeguard the dignity of motherhood by providing proper care -consideration to the child and mother when she is not able to fulfill her duties due to health reasons. There are certain drawbacks of these legislation such as these do not cover working women of an unorganized sector providing better clarity on creche facility distance. The new amendment will ensure full maternal care during the full bloom period that will encourage more women to the join the job in organised sector which will help in financial conditions.

REFERNCES:

Maternity benefit act , 1961

The Maternity benefit act 2017, and creche facility

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