Maternity Benefit Act: Are Indian Employers Complying Post-COVID?
- ByAdmin --
- 20 May 2025 --
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The Maternity Benefit Act, 1961 is a critical legislation in India that safeguards the rights of women employees during maternity. The Act mandates provisions such as paid maternity leave, job security, and other benefits to support working mothers. The COVID-19 pandemic disrupted workplaces across India, raising important questions about employers’ compliance with maternity benefits in the post-COVID era.
Key Provisions of the Maternity Benefit Act, 1961
- Maternity Leave: Women employees are entitled to 26 weeks of paid maternity leave for the first two children, and 12 weeks for subsequent children.
- Medical Bonus and Leave: Employers must provide medical bonus or allowance where applicable and allow leave for prenatal and postnatal care.
- Protection from Dismissal: Employers cannot terminate or dismiss women employees during maternity leave or pregnancy.
- Work-from-Home Option: The Act encourages provision of work-from-home facilities where feasible during maternity leave.
Post-COVID Challenges in Compliance
- Workplace Disruptions: The pandemic led to layoffs, salary cuts, and remote working, affecting maternity benefits enforcement. Many employers struggled to balance business survival and legal obligations.
- Remote Work and Maternity Rights: While the Act does not explicitly mention remote work, many employers introduced flexible or work-from-home options to support pregnant employees, but implementation has been inconsistent.
- Increased Vulnerability: Economic slowdown increased job insecurity, and some women faced subtle discrimination in hiring or promotions due to maternity-related considerations.
- Enforcement Gaps: Despite legal provisions, reports of non-compliance and delayed maternity payments surfaced, indicating enforcement challenges by labor departments.
Legal Framework and Employer Obligations
- The Maternity Benefit Act, 1961, amended in 2017, aligns with Article 42 of the Indian Constitution, which directs the state to secure just and humane conditions of work.
- Employers are legally bound to comply with these provisions under Section 15 of the Act, which penalizes non-compliance.
- The Industrial Employment (Standing Orders) Act, 1946 also supports maternity protections by requiring clear employment conditions.
- Employees can approach labor courts or file complaints with the Ministry of Labour and Employment for violations.
Steps Toward Better Compliance
- Awareness Campaigns: Government and NGOs have increased awareness among women workers about maternity rights and complaint mechanisms.
- Flexible Work Policies: Some employers now institutionalize work-from-home and flexible hours to accommodate maternity needs.
- Digital Record-Keeping: Use of technology to track maternity leave and benefits is improving transparency and accountability.
- Stronger Enforcement: Labor departments are enhancing inspections and imposing penalties for violations to ensure employer compliance.
Conclusion
Post-COVID, while many Indian employers have adapted to support maternity benefits through flexible work and awareness, significant challenges remain. Enforcement of the Maternity Benefit Act, 1961, backed by constitutional mandates and labor laws, is critical to protecting women’s rights at the workplace. Continued vigilance by authorities and advocacy by workers’ groups are essential to ensure that maternity benefits are respected and implemented fairly in the evolving work environment.
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