The Maternity Benefit (Amendment) Act 2017 significantly enhanced women's rights at the workplace by extending maternity leave, introducing work-from-home options, and mandating creche facilities. The original Act of 1961 was amended to align with contemporary work patterns and international standards.
Coverage and Applicability
- Applies to every factory, mine, plantation, and establishment employing 10 or more persons
- Also applicable to circus industry
- ESI-covered women can claim maternity benefit under ESI Act — they are excluded from this Act's cash benefit (but still entitled to leave)
- Central and State Government employees have separate rules under their service regulations
Maternity Leave Duration
| Situation | Leave Duration | Pre-delivery leave |
|---|---|---|
| 1st or 2nd child | 26 weeks (paid) | Up to 8 weeks before delivery |
| 3rd child or more | 12 weeks (paid) | Up to 6 weeks before delivery |
| Adoption of child (below 3 months) | 12 weeks from adoption | Not applicable |
| Commissioning mother (surrogacy) | 12 weeks from date child is handed over | Not applicable |
| Illness from pregnancy complications | Additional 1 month (beyond maternity leave) | Paid sick leave |
Payment of Maternity Benefit
- At average daily wage (average wages earned in 3 months before maternity leave)
- Employer must pay the amount due for the 6 weeks before expected delivery before the delivery date
- Balance paid within 48 hours of delivery proof
- No maternity benefit if the woman has not worked for 80 days in preceding 12 months
Work From Home (Section 5(5))
Post-2017 amendment: After maternity leave, a woman employee can request to work from home if the nature of work permits. The employer and employee can mutually agree on the conditions and duration. This provision is not mandatory on the employer — it is subject to the employer's discretion and the nature of the work.
Creche Facility (Section 11A)
- Threshold: Establishments with 50 or more employees
- Facility: Maintain a creche (childcare facility) for children up to 6 years old — within prescribed distance or in a place specified by employer
- Daily visits: Working mothers entitled to 4 visits (including rest intervals) to the creche
- Failure: Penalty on employer — fine up to Rs.5,000
Prohibition of Dismissal (Section 12)
Absolute prohibition: No employer can:
- Discharge or dismiss a woman employee during maternity leave period
- Give notice of dismissal that takes effect during maternity leave
- Vary terms of service to her disadvantage during maternity leave
Exception: If the woman was dismissed for gross misconduct before pregnancy — but the benefit already accrued must be paid.
Medical Bonus
If the employer does not provide free medical care:
- One-time medical bonus of Rs.3,500 must be paid to the woman (revised from Rs.1,000 to Rs.3,500)
- Central Government can increase this amount