The Maternity Benefit Act 2017
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.
Establishments
Applies to any organization with 10+ employees.
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
Inform woman of her benefits.
Protect job; no dismissal.
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.
