Rights of Working Mothers in India

The Maternity Benefit Act, 1961, is an important piece of legislation in India aimed at protecting the rights of working women during pregnancy, childbirth and post-delivery. The Act was introduced to ensure that women in India do not have to choose between their careers and motherhood. 

By providing paid maternity leave and other associated benefits, the law strives to create a safer and more accommodating work environment for women. The legislation has undergone several amendments, with the most notable being the Maternity Benefit (Amendment) Act, 2017, which significantly increased the duration of maternity leave and introduced several new provisions for the benefit of working mothers.

In this article, we will explore the the rights it guarantees to working mothers in India.

Rights of Working Mothers under the Maternity Benefit Act

The Maternity Benefit Act, 1961, grants a wide range of rights to working mothers in India. These rights ensure that women can take time off work to care for themselves and their newborns without fear of losing their jobs or financial stability. Some of the key rights guaranteed under the Act are as follows:

Maternity Leave

One of the most significant provisions of the Maternity Benefit Act is the entitlement to maternity leave. Before the 2017 Amendment, women were eligible for 12 weeks of maternity leave, with no more than six weeks taken before the expected date of delivery. However, the 2017 Amendment extended this leave to 26 weeks, of which no more than eight weeks can be taken before delivery.

This increase in maternity leave duration reflects the growing recognition of the importance of allowing mothers enough time to recover from childbirth and bond with their newborns.

Eligibility for Maternity Leave

To qualify for maternity benefits under the Maternity Benefit Act, 1961, a woman must have worked for her employer for at least eighty days in the twelve months preceding her expected delivery date. This eligibility criterion ensures that the woman has been engaged in continuous service for a significant period before availing of the benefits.

Women who meet this requirement are entitled to the prescribed maternity leave and any additional benefits their employer may offer.

Leave for Miscarriage or Medical Termination of Pregnancy

In the unfortunate event of a miscarriage or a medically assisted termination of pregnancy, the Act allows women to take six weeks of paid leave. To avail of this leave, the woman must submit medical documentation to her employer, confirming the miscarriage or termination.

This provision ensures that women can take the time they need to physically and emotionally recover after such a traumatic event.

Leave for Illness Arising from Pregnancy or Delivery

The Maternity Benefit Act provides women with one month of paid leave if they suffer from any illness arising out of pregnancy, delivery, premature birth or miscarriage. This ensures that women are not forced to return to work too soon after experiencing complications related to pregnancy or childbirth.

Adoption and Surrogacy Leave

With the 2017 Amendment, the Act was expanded to include adoptive mothers and commissioning mothers (those who use surrogacy to have a child). Women who adopt a child below the age of three months are entitled to 12 weeks of paid leave, starting from the day the child is handed over to the adoptive mother. Similarly, commissioning mothers are also eligible for 12 weeks of paid leave.

This recognition of adoptive and commissioning mothers reflects a more inclusive approach to maternity benefits in India.

Tubectomy Leave

Women who undergo tubectomy (a surgical procedure for sterilisation) are entitled to two weeks of paid leave under the Maternity Benefit Act. This provision is important for women who choose permanent contraception after childbirth and ensures they have time to recover after the procedure.

Medical Bonus and Healthcare Incentives

Under the Maternity Benefit Act, women are entitled to a medical bonus if no free medical care is provided by the employer. This bonus has been fixed at INR 3,500. Additionally, under the National Food Security Act, 2013, pregnant and lactating mothers are entitled to a minimum bonus of INR 6,000.

These healthcare incentives ensure that women have access to financial assistance during pregnancy and childbirth, especially if their employer does not provide adequate medical care.

Crèche Facilities

The 2017 Amendment introduced a provision requiring establishments with fifty or more employees to provide crèche facilities within a certain radius of the workplace. Female employees are entitled to visit the crèche four times a day, which includes time allotted for rest.

This provision is a significant step toward ensuring that women have access to childcare while at work, reducing the burden of balancing their professional and personal responsibilities.

Option to Work from Home

Another important provision introduced by the 2017 Amendment is the option for female employees to work from home after childbirth, provided the nature of their work allows for it and both the employer and employee agree to the arrangement.

This option is beneficial for women who may need additional time to recover after childbirth or want to spend more time with their newborns without compromising their professional commitments.

Protection from Termination

Under the Maternity Benefit Act, employers are prohibited from terminating a woman’s employment while she is on maternity leave. Any termination during this period is considered unlawful and unjustifiable. Furthermore, if a woman’s employment is terminated after the first day of her maternity leave, it is presumed that the termination is on account of her pregnancy, unless proven otherwise.

This protection ensures that women do not face job insecurity or discrimination due to their pregnancy or maternity leave.

Prohibition of Hazardous Work

The Maternity Benefit Act also prohibits employers from assigning any work to a pregnant woman that is considered to be hazardous or could affect her health or the health of her child. This includes tasks that require long periods of standing or involve strenuous physical activity.

This provision is critical in ensuring the safety and well-being of pregnant women in the workplace.

Judicial Interpretation and Landmark Cases on Rights of Working Mothers

The judiciary in India has played an important role in interpreting and expanding the scope of the Maternity Benefit Act and labour laws, ensuring that women’s rights are upheld. Some significant court rulings include:

1. Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare Department & Ors

In this case, the Supreme Court ruled that a woman would be entitled to full maternity benefits after working in an establishment for 80 days, even if these benefits extend beyond her contract period. This ruling reaffirmed the statutory rights of women, ensuring that they cannot be denied maternity benefits based on the terms of their employment contract.

2. Vandana Kandari v. University of Delhi

In this case, the Delhi High Court ruled that denying female students the right to attend classes or participate in examinations solely because of their pregnancy is a violation of their constitutional rights. The court emphasised that pregnancy should not be a barrier to pursuing education or professional development.

3. AIR India v. Nergesh Meerza and Others

AIR India v. Nergesh Meerza and Others case dealt with the discriminatory clause in the employment contracts of Air India air hostesses, which terminated their services upon pregnancy. The Supreme Court found this clause to be arbitrary, unfair and violative of Article 14 of the Indian Constitution, which guarantees equality before the law. The ruling marked a significant victory for women’s rights in India.

4. B. Shah v. Presiding Officer, Labour Court, Coimbatore

In this case, the Supreme Court held that Sundays and other wage-less holidays should be included when calculating the period of maternity benefits. The ruling emphasised that maternity benefits are designed not only to ensure the survival of the mother but also to allow her to recover and care for her child.

The 2017 Amendment: A Game-Changer for Working Mothers

The Maternity Benefit (Amendment) Act, 2017 introduced several important changes that strengthened the rights of working mothers in India. The most notable provisions of this amendment include:

• Extended Maternity Leave: The amendment increased the duration of paid maternity leave from 12 weeks to 26 weeks, with no more than eight weeks preceding the date of delivery.
• Crèche Facilities: Establishments with fifty or more employees are now required to provide crèche facilities within a specified distance from the workplace.
• Work-from-Home Option: Female employees can opt to work from home during the post-delivery period if the nature of their work allows for it and the employer agrees.
• Inclusion of Adoptive and Commissioning Mothers: The amendment expanded the scope of the Act to include adoptive and commissioning mothers, providing them with 12 weeks of paid leave.

Conclusion

The Maternity Benefit Act, 1961, along with its subsequent amendments, has been instrumental in safeguarding the rights of working mothers in India. By providing paid maternity leave, healthcare incentives, crèche facilities and protection from termination, the Act ensures that women can balance their professional and personal responsibilities without fear of discrimination or financial insecurity.

The judicial interpretations of the Act have further strengthened its provisions, ensuring that women’s rights are upheld in the workplace. With the 2017 Amendment, the law now offers even greater support to working mothers, reflecting the evolving needs of women in India’s workforce.

In conclusion, the Maternity Benefit Act, 1961, is a progressive and comprehensive law that empowers women, promotes gender equality and supports the well-being of working mothers across the country.