Introduction The Maternity Benefit Act, 1961 is a welfare legislation that provides for the regulation of employment of women during the period of maternity, ensuring their health and dignity is protected, and provides for economic security. It was enacted to protect the employment of women during maternity and to entitle them to a paid leave of absence so that they can take care of themselves and their child without fear of losing their job or income. The Maternity Benefit Act, 1961 was enacted in furtherance of the constitutional mandates under Articles 14, 15(3), 21, and 42. Article 14 guarantees equality before the law, while Article 15(3) empowers the State to make special provisions for women and children, enabling the creation of protective labour legislation. Article 21, as expansively interpreted by the Supreme Court, safeguards the right to life and personal liberty, which includes the right to health, dignity, and safe motherhood. Article 42, one of the Directive Principles of State Policy, directs the State to make provision for just and humane conditions of work and maternity relief. Over the years, amendments-most notably the Maternity Benefit (Amendment) Act, 2017-have modernised its provisions to meet evolving social realities, such as recognising adoptive and commissioning mothers, extending leave duration, and mandating crèche facilities. Judicial pronouncements have further expanded its scope, interpreting the law liberally to uphold its welfare purpose. By combining its statutory provisions, the principles imbibed in the constitution as well as and judicial interpretations, the Act stands as a comprehensive shield for working women, ensuring that motherhood does not become a ground for discrimination but rather a phase of life supported and respected by law. Application of the Act The Maternity Benefit Act, 1961 applies to a wide range of establishments with the objective of ensuring maternity protection for women across different sectors of employment. The Act extends to every establishment being a factory, mine or plantation in which 10 or more persons are or were employed on any day of the preceding (12) twelve months. (including any such establishment belonging to Government & to every establishment wherein persons are employed for the exhibition of equestrian (riding), acrobatic and other performances). Employees covered Any woman employed, whether directly or through an agency, for wages in any capacity-skilled, unskilled, manual, or clerical. Women employed on a regular, casual, temporary, or contractual basis are covered. To be eligible for maternity benefits under the Act, a woman must have worked for at least 80 days in the 12 months immediately preceding her expected date of delivery. A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother. 'The Act is not applicable to the self employed Women.' Benefits under the Act Under the Act, no women shall work in any establishment during the 6 weeks immediately the day following her delivery andno employer shall knowingly employ a women in establishment during 6 weeks following date of her delivery or miscarriage. The 2017 Amendment to the Maternity Benefit Act, 1961 marked a significant expansion of maternity entitlements in India. The table below summarises the key provisions of the Act as they stand post the 2017 amendment, along with the applicable sections: Provision Post-2017 Amendment Section Duration of Paid Maternity Leave 26 weeks for women with fewer than 2 surviving children (maximum 8 weeks pre-delivery); 12 weeks for women with 2 or more surviving children Sec. 5(3) & Provisos Adoptive Mothers 12 weeks leave for adoptive mothers of a child below 3 months Sec. 5(4) Commissioning Mothers 12 weeks leave for commissioning mothers (biological mothers using surrogacy) Sec. 5(4) Work-from-Home Option Permitted after maternity leave if nature of work allows; terms to be mutually Sec. 5(5) Crèche Facility Mandatory for establishments with ≥ 50 employees; 4 daily visits allowed including rest interval Sec. 11A Medical Bonus Amount subject to government notification and periodic revision Sec. 8 Leave for Miscarriage/Medical Termination 6 weeks leave immediately following the event Sec. 9 Leave for Tubectomy Operation 2 weeks leave following the procedure Sec. 9A Leave for Illness Related to Pregnancy 1 month leave with wages Sec. 10 Protection Against Dismissal Prohibits dismissal during maternity leave except for gross misconduct Sec. 12 Liability of Employer in Case of Death of the Mother or Child If the mother dies during delivery or shortly after delivery, but the child survives: The employer is liable to pay the full maternity benefit that the woman would have been entitled to had she survived. If both the mother and the child die : The employer is liable to pay maternity benefit only up to the date of death of the child. Penal Provisions The Maternity Benefit Act, 1961 enforces compliance through penal provisions that deter violations such as non-payment of benefits, wrongful dismissal, and denial of facilities. Penalties include fines, imprisonment, and liability for company officials. The table below outlines these provisions. Section Offence Penalty Sec. 21 Contravention of provisions of the Act or rules (e.g., non-payment of maternity benefit, violation of leave provisions, failure to provide crèche facilities) Imprisonment up to 3 monthsand/or fine up to ₹5,000 Sec. 22 Dismissal or discharge of a woman during pregnancy or maternity leave, or to her disadvantage in terms of conditions of service Imprisonment up to 1 year and/or fine up to ₹5,000 Sec. 23 Failing to produce documents, registers, or other required records for inspection Fine up to 5,000 Sec. 24 Offences by companies Liability extends to every person in charge of the conduct of the company at the time the offence was committed Notice of Claim for Maternity benefit and payment 1. Submission of Notice Employee may submit a written notice to her employer, or to a nominated person, claiming the maternity benefits you are entitled to. The notice should state the date from which she intend to be absent from work, which must not be earlier than six weeks before the expected date of delivery. 2. Optional Nature of Notice Failure to give such notice does NOT disqualify her from receiving maternity benefits. Even if the notice is not submitted, she remains entitled to claim the benefits under the applicable law. Employer's Responsibilities Leave Upon Notice : Upon receiving written notice from a woman employee, it is the employer's responsibility to permit her to be absent from work during the period for which she is entitled to maternity benefits. Advance Payment Before Delivery: The maternity benefit for the period preceding the expected date of delivery must be paid in advance, upon production of the prescribed proof of pregnancy. Full and Undeducted Payment: The employer is required to make full payment of maternity benefits without any deductions. These payments are a statutory right of the employee and must be honoured in full. Protection Against Termination : It is unlawful for an employer to discharge, dismiss, or terminate a woman during her maternity period, except in cases of gross misconduct, as defined under the law. Statutory Obligation to Pay Benefits : As per Section 5 of the Maternity Benefit Act, it is the employer's legal duty to ensure the timely and complete payment of maternity benefits to all eligible women employees. Communication of Benefits at Appointment: Every establishment is required to inform all women employees in writing and electronically, at the time of their appointment, about the maternity benefits available to them under the Act. Judicial References 1. Municipal Corporation of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224 In this case, the Supreme Court held that women engaged on a casual, daily-wage, or muster roll basis are also entitled to maternity benefits under the Act. Article 42 of the Constitution mandates humane conditions of work and maternity relief, which cannot be denied based on the nature of employment 2. B. Shah v. Labour Court, Coimbatore, (1978) 4 SCC 257 The Court interpreted "maternity benefit" to mean full wages for the maternity leave period, including all allowances and cash benefits that a woman would have earned if she had worked during that time. It stressed that welfare legislation must be construed liberally to protect women workers. 3. Neera Mathur v. Life Insurance Corporation of India, (1992) 1 SCC 286 The Supreme Court held that an employer cannot compel a woman to disclose personal details about her pregnancy beyond what is statutorily required. LIC's dismissal of the petitioner for alleged concealment was struck down, reinforcing dignity under Article 21 and the non-discrimination mandate of Articles 14 and 15(3). 4. Tata Tea Ltd. v. Inspector of Plantations, (1981) 1LLJ 343 (Ker) The Kerala High Court held that maternity benefit is payable even if the woman does not actually work during the statutory notice period, provided she has fulfilled the eligibility conditions under the Act. The right to maternity benefit was recognised as a social welfare measure immune from technical restrictions. 5. Deepika Singh v. Central Administrative Tribunal, (2022) 7 SCC 657 The Supreme Court held that maternity benefits should be interpreted broadly to include even “non-traditional" caregiving situations. The Court granted leave to a woman who sought childcare leave for a stepchild, stressing that the constitutional ethos under Articles 14, 15(3), and 21 supports an expansive reading of family and maternity entitlements. 6. Vandana Kandari v. Union of India, 2019 SCC OnLine Utt 964 The Uttarakhand High Court held that denial of maternity leave to α contractual employee was illegal and discriminatory. The Court reiterated that the Maternity Benefit Act applies to all women employees fulfilling eligibility conditions, regardless of contractual or permanent status. 7. K Umadevi vs. Government of Tamil Nadu (CIVIL APPEAL NO. 2526 OF 2025) In this landmark case, the Supreme Court, extended maternity benefits to a woman who was expecting her third child. It was observed that while controlling population growth through a two-child policy is a valid state objective, it cannot override a woman's right to maternity benefits. Both goals must be harmonized in a purposive and rationale manner to achieve the social objective. Recent guidelines and updates In addition to statutory provisions, various government notifications and administrative directions have further shaped the implementation of the Maternity Benefit Act, 1961 in recent years: Circular on Crèche Facility Implementation - The Ministry of Labour and Employment has issued guidelines specifying operational standards for crèche facilities, including permissible distance from the workplace, mandatory trained supervision, hygiene requirements, and daily record-keeping. Digital Maternity Benefit Claims - For establishments covered under the Employees' Provident Fund Organisation (EPFO), maternity benefit claims can now be filed digitally through the Shram Suvidha Portal, reducing paperwork and enabling faster processing. Source : National Commission for Women Booklet - Empowering Motherhood - A Guide to the Maternity Benefit Act