The significance and impact of the Maternity Benefit Act of 1961, a landmark piece of legislation aimed at protecting the rights and employment of women during maternity, is huge. Yet, women remain unaware of such legislations that give them rights at workplace.

The Act ensures that women are entitled to maternity benefits, including fully paid maternity leave. Originally introduced in Bombay—then a thriving textile hub with a significant female workforce—the Act laid the foundation for gender-sensitive labour reforms in India. It has since been amended once, in 2017, to better align with the evolving needs of today’s working women.

Applicable to all establishments employing 10 or more individuals across factories, mines, plantations, shops, or commercial setups, the Act mandates crucial workplace support. In particular, workplaces with 50 or more employees are required to provide free creche facilities close to the establishment.

To qualify for maternity benefits, a woman must have worked for at least 80 days in the past 12 months within a registered establishment. Beyond paid leave, the Act also grants several additional rights to pregnant and lactating women. These include more frequent nursing breaks during office hours, options to work from home, medical bonuses, and other essential health-related benefits.

Criticism for the Act

While widely hailed as a progressive labour law, the Act has also sparked debate. Some policymakers and critics worry that the requirement for 26 weeks of paid leave and associated benefits could discourage employers from hiring women of childbearing age.

Despite such concerns, the Maternity Benefit Act stands as a critical tool for promoting gender equality and securing the health and rights of women in the workplace.