Right to Maternity Benefits and Employer’s Obligations

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Right to Maternity Benefits and Employer’s Obligations-

Tanmoy Mukherji

Advocate

1. Statutory Right to Maternity Benefit (Section 5)-

Every woman employee who has worked for at least 80 days in the preceding 12 months is entitled to maternity benefits.

→Paid at average daily wages

→26 weeks for first two children

→12 weeks for third child onwards

→12 weeks for adoptive and commissioning mothers

Reference Cases-

2. Right to Protection from Work During Maternity (Section 4)-

Reference Cases-

3. Right to Medical Bonus and Healthcare (Section 8)-

→Medical bonus payable if employer does not provide free medical care.

Reference Cases-

4. Right to Leave for Miscarriage and Medical Termination (Section 9)-

→6 weeks leave with wages immediately after miscarriage or MTP.

Reference Cases-

5. Right to Leave for Illness Arising out of Pregnancy (Section 10)-

→One-month additional leave with wages.

Reference Cases-

6. Right to Nursing Breaks (Section 11)-

→Two paid nursing breaks per day until the child is 15 months old.

Reference Cases-

7. Right to Crèche Facility (Section 11A – 2017 Amendment)-

→Mandatory where 50 or more employees are employed.

→Four visits per day allowed.

Reference Cases-

8. Right Against Dismissal and Discrimination (Section 12)-

→Dismissal during maternity period is prohibited.

→Maternity benefit cannot be denied even if dismissed except for gross misconduct.

Reference Cases-

9. Right to Equality and Dignity-

Reference Cases-

Employer’s Obligations under the Act-

1. Mandatory Obligation to Pay Maternity Benefits (Section 5)-

→Failure results in penal consequences.

Reference Cases-

2. Obligation Not to Engage Women During Prohibited Period (Section 4)-

Reference Cases-

 

3. Obligation to Provide Medical Care or Medical Bonus (Section 8)

4. Obligation to Grant Statutory Leaves (Sections 9 & 10)

5. Obligation to Provide Nursing Breaks (Section 11)

6. Obligation to Establish Crèche Facility (Section 11A)

7. Obligation Not to Dismiss or Alter Service Conditions (Section 12)

Reference Cases-

8. Obligation to Maintain Registers and Records (Section 20)

9. Obligation to Cooperate with Inspectors (Sections 14–17)

10. Penal Liability for Non-Compliance (Section 21)

Reference Cases-

Constitutional Perspective-

→Article 42 – Maternity relief

→Article 21 – Right to life with dignity

→Article 15(3) – Special provisions for women

Reference Cases-

International and Human Rights Perspective-

→ILO Convention on Maternity Protection

→CEDAW principles

Reference Cases-

The right to maternity benefits is a legally enforceable, constitutionally protected, and internationally recognised labour right. The Maternity Benefit Act imposes mandatory obligations on employers to ensure dignity, health, and equality of women workers, and courts have consistently expanded its scope through progressive interpretation.