#CelebrateingtheRainbow at the workplace – share your stories of Pride!
What are the features of Maternity Benefits Act? And why an alarming number of companies still don't have enough facilities for new mothers?
In this era of feminism, a number of companies still don’t have enough facilities for new mothers. Here is all you need to know about the Maternity Benefits Act.
We may live in the time of women’s empowerment and feminism. But women still constitute only 21.6 percent of the total labour force, as per the data by the World Bank.
Now, there are a number of reasons for this, one of them being improper maternity benefits. Several working women leave their jobs to take care of the kids because it becomes difficult to balance work with kids.
Associated Chambers of Commerce and Industry of India (ASSOCHAM) Social Development Foundation conducted a survey in a few major cities of India wherein they interacted with new moms. The report of ASSOCHAM highlighted that 25 percent of the total women left their jobs after maternity.
Over the past few years, there has been a demand for improving the maternity benefits. These have been made to ensure that a woman is able to rejoin her work after pregnancy. And that she is able to balance work life and childcare.
Article 25 of the Universal Declaration of Human Rights states that “Motherhood and childhood are entitled to special care and assistance.”
Maternity Benefits Act, of 1961 was enacted to “regulate the employment of women in certain establishments for a certain period before and after childbirth. And to provide for maternity benefits and certain other benefits.”
The Act lays down the provision for maternity benefits for pregnant women. These include paid leave during pregnancy, the option to work from home, crèche facility, among others.
A woman employed directly or through an agency. She needs to have worked in the establishment for at least 160 days in 12 months preceding the date of expected delivery. The Act provides maternity benefits to both biological and commissioning mothers.
You are entitled to take maternity leave for a period of twenty-six weeks. Leave for a period of eight weeks can be taken and recovered under the Act.
The Act applies to all establishments including factories, mines, plantations, shops, establishments belonging to the government, and establishments where people are employed for the exhibition of equestrian, acrobatic and other performances.
Pregnant women get twelve weeks of leave after the delivery. In the case of a woman having two or more children, she will be entitled to a leave of twelve weeks, i.e. six weeks before the delivery and six weeks after delivery.
A commissioning mother/ adopting mother who adopts a child below the age of three months is entitled to a maternity leave of twelve months after the child is handed over to the adopting mother/ commissioning mother.
A pregnant woman is entitled to an average daily wage for the period of maternity leave availed by her.
Apart from maternity leave, a woman may be allowed to avail the benefit of working from home if the nature of work is such that she is not required to go to the office.
In the case of miscarriage, a woman is entitled to paid leave of six weeks from the date of miscarriage.
A woman is entitled to leave for a period of up to one month in case she suffers from an illness that has arisen out of pregnancy, delivery, premature birth of child or miscarriage. To claim the leave, the woman is required to furnish proof of the illness.
A woman who has returned after delivery is entitled to take two breaks to nurse the child until the child attains the age of fifteen months.
The employer is duty-bound to make a provision of crèche at the establishment if the number of employees working in the establishment is fifty or more.
An employer cannot terminate a woman on maternity leave for being absent from duty during such a period. An employer can also not vary the conditions of her work in a manner detrimental to her during the period.
A woman cannot be terminated to avoid giving maternity benefits to her. Such a provision was introduced to avoid cases where the employer would terminate their female employees to avoid their obligation of providing her with maternity benefits.
This ensures that the job of a woman is not affected due to pregnancy and hence, motivates them to rejoin work after maternity leave. However, a woman can be terminated during the period if there is gross misconduct on her part in fulfilling her duties at work.
If the employer fails to give maternity benefits or terminates a woman during maternity leave in a wrongful manner, the employer can be punished with an imprisonment of a period extending up to three months or a fine extending up to Rs. 500 or both.
The aggrieved woman can also file a suit before an appropriate forum to recover the maternity benefits she is entitled to. In the case of wrongful termination, the aggrieved woman can proceed against the employer for compensation or reinstatement in the job.
Picture credits: Pexels
Women's Web is an open platform that publishes a diversity of views, individual posts do not necessarily represent the platform's views and opinions at all times.
Stay updated with our Weekly Newsletter or Daily Summary - or both!
Please ensure there is sufficient investment in your future, marriage or not. Financial independence is the way to go. Always.
As you embark on the journey of marriage, I urge you to reflect on a profound message. Many of my friends have fallen into a trap and are still grappling, uncertain about their life choices.
Initially, there will be confusion about career decisions. Should you pursue a master’s degree, a job in banking, or a government position?
It is important to teach your child what’s right, what their responsibilities are, what they should be doing or not doing - but it is also important to know what they FEEL.
What parents never do, despite doing everything…
Parents do everything for their children- everything that’s within their rights and limits. From teaching good values to ensuring the best quality education, from enhancing their overall persona to providing them with all facilities possible.
But, there’s a but… there’s this one thing they forget or miss doing. That is listening to their child’s feelings, trying to understand what they feel.
Please enter your email address