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India - Maternity protection - 2011


LAST UPDATE

16 May 2011

Data quantity

NORMAL

SOURCES


Name of Act

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Name of Act

Factories Act 1948 as amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987), and published by the Ministry of Labour on http://labour.nic.in/act/acts/mw.doc and accessed 12 May 2011
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Name of Act

Employees’ State Insurance Act 1948 as varied by Act 45 of 1984 and published by the Government of India at http://indiacode.nic.in/fullact1.asp?tfnm=194834, accessed 16 May 2011

Name of Act

The Unorganised Workers’ Social Security Act 2008 Act No 33 of 2008 as published in The Gazette of India 31 December 2008

Other source used

National Maternity Benefits Scheme - summary posted by the Indian Government at www.india.gov.in

Other source used

Janani Suraksha Yojana - a centrally sponsored scheme aimed at reducing maternal and infant mortality rates and increasing institutional deliveries in below poverty line (BPL) families and applicable to all pregnant women belonging to households below the poverty line, above 19 years of age and up to two live births. Information published by the Indian Government at www.india.gov.in

Other source used

Handloom Weavers Health Insurance Scheme 2010-2011 - No. 1/2/2010-DCH/Project-I published by the Government of India December 2010

Other source used

Handicrafts Artisans Comprehensive Welfare Scheme published by the Government of India at http://handicrafts.nic.in/welfare/rajivgandhi.htm

MATERNITY LEAVE

The Maternity Benefits Act 1961 allows women to absent themselves from work for a period commencing 6 weeks prior to the anticipated date of birth and finishing 6 weeks after the date of delivery.

Scope

The Maternity Benefits Act applies to all factories, mines and plantations in India, except factories or other establishments to which the Employees’ State Insurance Act 1948 applies. However, women who are employed in factories or other establishments to which the Employees’ State Insurance Act 1948 applies, but are not entitled to the benefits provided by that Act, are entitled to maternity benefits under the Maternity Benefits Act.

The State Government may extend the scope of the Maternity Benefits Act by decree, following the approval of the Central Government.
Maternity Benefit Act 1961 §§2, 5A, 5B

Qualifying conditions

No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than 160 days in the 12 months immediately preceding the date of her expected delivery. The qualifying period does not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Maternity Benefit Act 1961 §5(2)
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Duration

Women working in factories, mines and plantations are entitled to absent themselves from work for a period commencing 6 weeks before the anticipated date of delivery to the date 6 weeks after the actual date of delivery.
Maternity Benefit Act 1961 §6

Compulsory leave

No woman shall work in any establishment during the 6 weeks immediately following the day of her delivery or miscarriage.
Maternity Benefit Act 1961 §4(2)

General total duration

12 weeks, being the 6 weeks before the anticipated date of delivery and the 6 weeks following the actual date of delivery.
Maternity Benefit Act 1961 §6(2), (4)
Historical data (year indicates year of data collection)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

No provision for extension of maternity leave identified.

Leave in case of illness or complications

A woman suffering from illness arising out of pregnancy, delivery, premature birth or miscarriage shall, upon production of prescribed proof, be entitled to leave for a maximum period of 1 month. Such leave shall be paid at the rate of the maternity benefit.

In the case of a miscarriage, a woman shall, upon production of prescribed proof, be entitled to leave for a period of 6 weeks immediately following her miscarriage. Such leave shall also be paid at the rate of the maternity benefit.
Maternity Benefit Act 1961 §§9,10

RELATED TYPES OF LEAVE

No entitlements to related types of leave identified.

RIGHT TO PART-TIME WORK

No entitlement to part-time work identified.

CASH BENEFITS

The Maternity Benefits Act 1961 entitles women workers to cash benefits while on maternity leave.

Maternity leave benefits

Women workers are entitled to up to 12 weeks’ maternity leave benefits at the average daily wage.

Scope

The Maternity Benefits Act applies to all factories, mines and plantations in India, except factories or other establishments to which the Employees’ State Insurance Act 1948 applies. However, women who are employed in factories or other establishments to which the Employees’ State Insurance Act 1948 applies, but are not entitled to the benefits provided by that Act, are entitled to maternity benefits under the Maternity Benefits Act.

The State Government may extend the scope of the Maternity Benefits Act by decree, following the approval of the Central Government.
Maternity Benefit Act 1961 §§2, 5A, 5B

Qualifying conditions

No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than 160 days in the 12 months immediately preceding the date of her expected delivery. The qualifying period does not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Maternity Benefit Act 1961 §5(2)
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Duration

The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
Maternity Benefit Act 1961 §5(3)

Amount

Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence (100%).
Maternity Benefit Act 1961 §5(1)
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Historical data (year indicates year of data collection)
  • 2009: Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence (100%).
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The employer is required to finance the maternity benefits.
Maternity Benefit Act 1961 §5(1)
Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: Social security or employer (for non-covered women)
  • 1998: Social security & employer
  • 1994: Social security or employer

Alternative provisions

The Employees’ State Insurance Act 1948 provides an entitlement to maternity benefits to insured women subject to certain conditions.

Further, the Unorganised Workers’ Social Security Act 2008 provides that the Central Government shall formulate and notify from time to time suitable welfare schemes for unorganised workers on matters relating to health and maternity benefits. The applicable schemes include:
(i) Janani Suraksha Yojana, which is sponsored by the Central Government and aimed at reducing maternal and infant mortality rates and increasing institutional deliveries in below poverty line (BPL) families;
(ii) the National Maternity Benefits Scheme, which provides for the payment of Rs. 500 per pregnancy to women belonging to poor households for pre-natal and post-natal maternity care up to first two live births; and
(iii) the Handloom Weavers Health Insurance Scheme which provides for cash maternity benefit of R2,500 per child (for up to 2 children); and
(iv) the Handicraft Artisans Comprehensive Welfare Scheme which provides for cash maternity benefit of R2,500 per child (for up to 2 children).
Employees’ State Insurance Act 1948
The Unorganised Workers’ Social Security Act 2008
Handloom Weavers Health Insurance Scheme 2010-2011
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MEDICAL BENEFITS

Employers are obliged to provide pregnant workers with a medical bonus or free pre- and post-natal medical care.

Pre-natal, childbirth and post-natal care

Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
Maternity Benefit Act 1961 §8 (2008 Amendment)
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Financing of benefits

The employer is required to finance the medical benefits.
Maternity Benefit Act 1961 §8

BREASTFEEDING

New mothers are entitled to nursing breaks and factories are required to provide nursing facilities.

Right to nursing breaks or daily reduction of hours of work

Every woman delivered of a child who returns to duty after such delivery shall be allowed 2 breaks of the prescribed duration for nursing the child until the child attains the age of 15 months. Such breaks shall be additional to the intervals for rest allowed to her.
Maternity Benefit Act 1961 §11

Remuneration of nursing breaks

No deduction of wages is to be made by reason only of nursing breaks as contemplated by §11 of the Maternity Benefits Act.
Maternity Benefit Act 1961 §§11, 13

Transfer to another post

No entitlement to transfers identified.

Nursing facilities

In every factory wherein more than thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants.

The State Government may make rules requring that facilities shall be given in any factory for mothers to feed children under the age of 6 at the necessary intervals.
Factories Act 1948 §48

HEALTH PROTECTION

Health protection measures are established in the Maternity Benefits Act 1961 and are complemented by obligations under the Factories Act 1948.

Arrangement of working time

No employer shall knowingly employ a woman, and no woman shall work, in any establishmet during the 6 weeks immediately following the day of her delivery or her miscarriage.

On her request, a pregnant woman shall not be required to do any arduous work, or work involving long hours of standing or which is likely to interfere with pregnancy or the development of the foetus or is likely to cause her miscarriage or otherwise adversely affect her health, during the 10 weeks leading up to the expected date of birth.
Maternity Benefit Act 1961 §4
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Night work

No restrictions specific to night work identified.

Overtime

No restrictions specific to overtime identified.

Work on rest days

No restrictions specific to work on rest days identified.

Time off for medical examinations

No entitlement to time off for medical examinations identified.

Leave in case of sickness of the child

No entitlement to leave in case of sickness of the child identified.

Other work arrangements

No other relevant provisions identified.

Dangerous or unhealthy work

On her request, a pregnant woman shall not be required to do any arduous work, or work involving long hours of standing or which is likely to interfere with pregnancy or the development of the foetus or is likely to cause her miscarriage or otherwise adversely affect her health, during the 10 weeks leading up to the expected date of birth.
Maternity Benefit Act 1961 §4(3), (4)
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NON-DISCRIMINATION AND EMPLOYMENT SECURITY

It is unlawful to dismiss or prejudicially vary the terms of employment of a woman during or on account of an exercise of her rights under the Maternity Benefits Act 1961.

Anti-discrimination measures

It is unlawful for an employer to vary or disadvantage any conditions of a worker’s service during or on account of her absence in accordance with the Maternity Benefits Act 1961.
Maternity Benefit Act 1961 §12(1)

Prohibition of pregnancy testing

No prohibition of pregnancy testing identified.

Protection from discriminatory dismissal

It is unlawful for an employer to dismiss a worker during or on account of her absence in accordance with the Maternity Benefits Act 1961.
Maternity Benefit Act 1961 §12(1)

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

No express guaranteed right to return to work identified. However, employers are prohibited from discharging or dismissing a worker, and from varying a worker’s conditions of employment to her disadvantage, during her absence on maternity leave.
Maternity Benefit Act 1961 §12(1)

Results generated on: 19th April 2014 at 19:05:20.
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