Q. Which of the following statements is/are correct regarding the Maternity Benefit (Amendment) Act, 2017?

  1. Pregnant women are entitled for three months pre-delivery and three months post-delivery paid leave.
  2. Enterprises with creches must allow the mother minimum six creche visits daily.
  3. Women with two children get reduced entitlements.

Select the correct answer using the code given below.

  • 1 and 2 only
  • 2 only
  • 3 only
  • 1, 2 and 3

Answer: (c) 3 only

Maternity Benefit Act 1961
  • It was originally passed to regulate the employment of women in “certain establishments” for the period before and after childbirth and to provide for maternity benefit and certain other benefits.
  • Originally, it applied to every establishment being a factory, mine or plantation.
  • In 1973, it was extended to “any such establishment belonging to the Government” and “every establishment where persons are employed for the exhibition of equestrian, acrobatic and other performances.”
  • No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
  • The right to paid maternity leaves was also given, although the period of such leave could not exceed twelve weeks.
  • For availing maternity benefits, a woman is mandated to work in the establishment for at least 160 days in the 12 months immediately preceding the date of her expected delivery.
  • Violating provisions of the Act could result in 3 months’ punishment, with or without a fine
The Maternity Benefits (Amendment) Act 2017
  • It amended Section 5 of the erstwhile Act to allow 26 weeks of paid leave after childbirth, although only to biological mothers.
  • The amendment inserted Section 5(4) which said that adoptive or surrogate mothers legally adopting a child below three months will be entitled to a maternity benefit period of 12 weeks from the date the child is handed over to the mother.
  • Further, it inserted provisions to allow women to work from home under Section 5(5), where the nature of work assigned to a woman is of such nature.
    • The employer may allow her to do so after availing of the maternity benefit for such a period.
  • Under the amended Act, every establishment having fifty or more employees shall have the facility of creche and the employer must allow four visits a day to the creche as well as rest intervals for her.