LEGISLATION REVIEW ON THE MATERNITY BENEFIT ACT, 1961
Author – TRIPURA SRIYA PILLADI, Student at ICFAI Law School, Hyderabad
Best Citation – TRIPURA SRIYA PILLADI, LEGISLATION REVIEW ON THE MATERNITY BENEFIT ACT, 1961, ILE CONSTITUTIONAL REVIEW, 2 (2) of 2023, Pg. 31-34, ISSN – 2583-7168.
I. ABSTRACT
The Maternity Benefit Act, 1961 is an important piece of legislation in India that seeks to provide maternity benefits to women employees. The Act applies to all establishments that employ ten or more people and aims to protect the health and well-being of women during their pregnancy and after childbirth.[1] This abstract will provide a brief overview of the provisions of the Act and its importance for women employees in India. The Act also prohibits the employer from terminating the employment of a woman during her maternity leave or immediately after it. This provision ensures that women employees are not discriminated against on the basis of their pregnancy or childbirth and have job security. If an employer violates this provision, the employee can file a complaint with the appropriate authority.
In addition, the Act mandates that every establishment employing 50 or more employees must provide a creche or a day-care facility for the benefit of the children of women employees. The creche or day-care facility should be located within a prescribed distance from the workplace and equipped with all necessary facilities. This provision helps women employees to continue working without worrying about the well-being of their children. The Act also provides for the appointment of Inspectors to enforce its provisions. These Inspectors have the power to enter any establishment and inspect its records, premises, and documents related to maternity benefits.
In conclusion, the Maternity Benefit Act, 1961 is an important legislation that seeks to protect the rights of women employees in India. The Act ensures that women employees are able to take adequate time off from work during their pregnancy and after childbirth, without fear of losing their job. The Act also provides for the well-being of the children of women employees by mandating the provision of creches or day-care facilities. Several times the act has been amended to keep with changing social and economic realities and remains a crucial tool for promoting gender equality in the workplace.[2]
Keywords: Maternity Benefit Act, motherhood, pregnant women, childbirth, lactating mothers, paid leave, medical benefits, creche facilities, female workers, entitlements.
[1] Maternity Benefit Act, 1961, No.53, Acts of Parliament, 1961 (India).
[2] India const. art. 14.