HaqSe: Understanding Right To Maternity Leave In India

Maternity leave is an important phase where women can focus on their physical and emotional well-being during the pre and post-natal phase. To ensure that every working woman gets enough time to take care of herself and her child the Government of India rolled out the Maternity Benefit Act 1961. It aims to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity and certain other benefits. It serves to provide new moms time to rest after giving birth and spend quality time with their newborns. Maternity leave is a paid leave offered to expecting working women to take care of themselves and their newborns.

Every woman's maternity leave needs are different and mostly based on their level of difficulties and pre-existing medical concerns. Before giving birth, a working mother should take some time off to properly rest and be ready for the baby.

Maternity Benefit Act 1961

The Maternity Benefit Act of 1961 laid the foundation for maternity leave benefits, eligibility, and regulations for women employees in India. The Maternity Benefit Act of 1961 aims to give maternity benefits to women who work in certain establishments and regulate the employment of women in such establishments for certain periods before and following childbirth (Common Bodily Changes After Pregnancy That Women Should Not Be Shamed For). According to the Maternity Benefit (Amended) Act, 2017’s recent update, the tenure of maternity leave has been extended from 12 to 26 weeks.

Benefits Of Maternity Leave In India

In India, maternity leave is a legal right granted to women who are pregnant or just gave birth. It is meant to provide new moms some time to rest after giving birth and spend quality time with their newborns. During this period, new mothers may recover physically from giving birth and take care of their health.

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Right To Payment of Maternity Benefit

According to the Maternity Benefit Act 1961, “no woman shall be entitled to maternity benefit unless she has worked in an establishment of the employer from whom she claims maternity benefit, for not less than 80 days in the 12 months immediately preceding the date of her expected delivery.”

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The Penalty for Violating The Act By Employer

According to the Maternity Benefit Act 1961, “if any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with a fine which shall not be less than two thousand rupees but which may extend to five thousand rupees.”

The goal of India's maternity leave law is to provide expecting mothers with a sense of comfort and convenience without compromising their job security. Every expecting mother must acquaint herself with the maternity leave rules to know her rights.

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