Labour Law

The Maternity Benefit Act 2017

The Maternity Benefit (Amendment) Act, 2017 – An Infographic

Maternity Benefit (Amendment) Act, 2017

A visual guide to India’s Maternity Benefit (Amendment) Act, 2017.

Who is Covered by the Act?

The act provides a safety net for women in a wide range of workplaces. Eligibility is based on two simple criteria for the establishment and the employee.

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Establishments

Applies to any organization with 10+ employees.

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Employee Eligibility

A woman must have worked for at least 80 days in the prior 12 months.

A New Era of Maternity Benefits

The 2017 amendment more than doubled the primary maternity leave and introduced progressive benefits for different family situations, setting a new standard for support.

Paid Leave Duration Compared

Breakdown of 26-Week Leave

Additional Support & Provisions

Leave for Miscarriage

Up to 6 weeks of paid leave immediately following the date of miscarriage or medical termination.

Medical Bonus

Entitlement to a medical bonus if the employer does not provide free pre-natal and post-natal care.

Work From Home

After maternity leave, an option to work from home may be available based on mutual agreement with the employer.

Nursing Breaks

Two paid breaks per day to nurse the child until the child reaches 15 months of age.

Leave for Illness

An additional 1 month of paid leave for illness arising out of pregnancy, delivery, or premature birth.

No Wage Deduction

Wages cannot be reduced for performing light duties during pregnancy or for taking nursing breaks after returning to work.

Employer Obligations & Support Systems

The Act establishes clear responsibilities for employers to create a supportive environment for working mothers.

Employee Journey & Employer Duties

Appointment:
Inform woman of her benefits.
During Pregnancy:
Protect job; no dismissal.
Post-Leave:
Option for Work-From-Home.

Mandatory Crèche Facility

Required for establishments with 50+ employees. Mothers are allowed 4 visits per day.

Job Security

It is unlawful to fire a woman due to her pregnancy or maternity leave, or change employment terms to her disadvantage.

Key Terms Defined

Commissioning Mother

A biological mother using a surrogate.

Adopting Mother

A woman who legally adopts a child under 3 months old.

Wages

Includes base pay, DA, and HRA. Excludes overtime.

Child

This legal definition also includes a still-born child.

Establishment

Factories, mines, plantations, shops, etc., with 10+ employees.

Employer

The person or authority with ultimate control of the establishment.

This infographic is for informational purposes only and does not constitute legal advice.

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