Maternity Benefits and Professionalism and law

Maternity Benefits and Professionalism and law of India. In India, maternity leave is governed by the Maternity Benefit Act, 1961, which has undergone several amendments to enhance the welfare of working mothers. Here are the key provisions of the law:

1. Duration of Maternity Leave

• 12 weeks of paid leave.: Under the Maternity Benefit Act, a woman is entitled to 12 weeks of maternity leave, out of which:
  • 6 weeks before the expected date of delivery.
  • 6 weeks after the delivery.
• For women who adopt.: In case of adoption, the law entitles a woman to 12 weeks of maternity leave starting from the date of adoption.
• For commissioning mothers (surrogacy).: The law entitles a woman who commissions a surrogate to 12 weeks of maternity leave.

2. Eligibility Criteria

• The employee must have worked with the employer for a minimum of 80 days in the 12 months immediately preceding the date of her expected delivery.
• The Maternity Benefit Act applies to all establishments that employ 10 or more employees, including both the private and public sectors, and requires the woman to be employed in an establishment where the law is applicable.

3. Payment During Leave

• During maternity leave, the employer must pay the employee her full wages as per the terms of her contract, including any allowances or benefits typically provided while working.
• The employer calculates the wages based on the woman’s average daily wage for the 3 months prior to her leave.

4. Health Benefits

• The law entitles employers to provide maternity benefits, including leave, to women who have worked for at least 80 days in the last year, if they are employed in a company with 10 or more employees.
• The employer must provide a safe working environment and ensure that the work does not threaten the health of the woman or the unborn child.

5. Workplace Facilities

• Employers must provide adequate facilities for the woman to rest during her work hours.
• Women are also entitled to paid nursing breaks to breastfeed their child for up to 6 months after childbirth. These breaks are separate from the regular working hours and should be provided according to the employer’s policy.

6. Additional Provisions (as amended in 2017)

• The 2017 amendment of the Maternity Benefit Act brought significant changes:
  • Extension of maternity leave.: The amendment increased the leave from 12 weeks to 26 weeks for women who have fewer than two surviving children.
  • Optional work-from-home.: After the maternity leave period, women can request work-from-home arrangements if the employer agrees, especially when it is feasible for the nature of the work.
  • Creche facility: Employers with 50 or more employees must provide a creche facility for their employees’ children. Women can visit the creche during working hours to breastfeed or care for their children.

7. Rights of Women on Maternity Leave

• Employers must provide job security to women on maternity leave. They cannot dismiss or penalize women for availing maternity leave.
• If an employer violates the provisions of the Maternity Benefit Act, they may face fines, penalties, and, in some cases, imprisonment.

8. Non-Applicability in Certain Situations

• The Maternity Benefit Act does not apply to women working in factories or establishments that employ less than 10 employees.
• Employers may not provide the same benefits to women working on a casual or contractual basis, though some exceptions apply depending on the nature of their employment.

9. Paternity Leave

• Currently, there are no specific statutory provisions for paternity leave under Indian law. However, some private companies provide paternity leave as part of their employee welfare policies, typically ranging from a few days to a couple of weeks.

These provisions reflect the government’s ongoing efforts to improve work-life balance for women and provide adequate support during pregnancy and motherhood. However, implementation and awareness can vary, so it’s advisable for employees to check with their employer regarding specific policies that may apply in their organization. Thus, Maternity Benefits and Professionalism and law of India.

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