Gender equality in the workplace is required by the Indian Constitution, but it is not actually attained because the majority of women are forced to quit their careers due to pregnancy and pre-and postnatal care.

The government introduced the Maternity benefit Act 1961[1] to address this issue, and every employer is mandated to comply with the provisions of the Act. However, many employers are subjected to punitive actions in the event of non-compliance with the provisions of this Act.

To help employers understand the necessary compliance standards and prevent any fines resulting from non-compliance, the article explains employer compliance under the Maternity Benefit Act.

What is Maternity Benefit? 
 

During her pregnancy or after giving birth, a woman is entitled to maternity benefits from her work. The Maternity Benefit Act governs the provisions pertaining to it. Every employer is required to abide by the rules set forth in this Act.
 

What does the Maternity Benefit Act's Employer Compliance mean?
 

Following is an explanation of Employer Compliance with the Maternity Benefit Act:
 

Employment of Women Is Prohibited in Certain Situations

 

In the first six weeks following a woman's delivery, the employer is not permitted to hire any women in the establishment, and no women are permitted to work in any establishment during this time.

The employer shall, upon the request of the women, ensure that the women are not involved in any strenuous labour requiring extended periods of standing or in any other activity that could impair the development of the foetus, result in miscarriage, or be harmful to the women's health.
 

Compliance Regarding the Payment of Maternity Benefits:
 

The list of employers who have agreed to pay maternity benefits is updated below.

Every employer has a duty to provide maternity benefits, which must be paid at a rate equal to the average daily wage for the duration of the employee's real absence. However, if the woman has not worked at the employer's location for 80 days in the 12 months immediately preceding the date of her anticipated delivery, then the requirement for such payment is removed.

If a lady immigrated from Assam while pregnant, she would not be eligible for the aforementioned time period.

The maximum time frame before delivery is six weeks, and the maximum time duration for which the employer must offer maternity benefits is 26 weeks, which will be reduced to 12 weeks if the woman has two or more living children.

Only the days up to and including the day of the mother's death are covered by every employer's obligation to pay maternity benefits.

The employer shall pay the maternity benefit for the entire term in the event of a woman's death during labour or after delivery, leaving a kid; however, if the child also passes away during the aforementioned period, the payment must include the date of the child's death.

If a woman lawfully adopts a child under the age of three, she is eligible for maternity benefits for a period of 12 weeks starting on the day the child is given to the commissioning mother or adopting mother, as applicable, depending on the situation.

If a woman has to make use of the maternity benefit for the time period and under the conditions that have been mutually agreed upon by the employee and the employer, the employer must permit her to work from home.

Accept the notice regarding the maternity benefit claim:
 

The employer must accept the notice provided by the pregnant woman, which must mention the intent of the woman or her nominee to the maternity benefit along with the date from which she shall remain absent, and the employer, upon being served with such notice, provides the maternity benefit entitled to the women. 

Upon presentation of such proof, the employer shall pay the lady the amount of the Maternity Benefit for the period prior to the date of her anticipated delivery. Within 48 hours of receiving the appropriate documentation that the woman has given birth, the employer must give the lady the sum due for the following period.

The women's eligibility for the maternity benefit shall not be affected by the failure to provide such notice.

The nominee of the pregnant lady who was specified in the notice must get the maternity benefit amount if the woman passes away while giving birth.
 

Payment of Medical Bonus 
 

In addition to the maternity benefit, the employer is required to give the woman a medical bonus of Rs.1000 if neither pre-natal confinement nor post-natal care is covered by the employer at no cost.

Every three years, the Central Government may adjust the amount of the medical bonus.

Compliance Requirement for Women's Leaves
 

Employer compliance with the Maternity Benefits Act's requirements for maternity leaves:

Permit leave in the event of a miscarriage
 

In the event of a miscarriage or medical termination of the woman's pregnancy, the employer must approve a six-week leave with pay at the rate of maternity benefits upon presentation of such documentation.

Leave with wages for tubectomy operation
 

Any woman who has had a tubectomy procedure is eligible for the 2-week maternity leave and benefits.

Take time off for illnesses related to giving birth, becoming pregnant, having a child prematurely, or having a miscarriage
 

In the event of the aforementioned circumstances, a woman has the right to take a one-month paid leave of absence.
 

Nursing Breaks
 

The employer must make sure to give the employee nursing breaks in addition to the time allotted for relaxation, as well as two breaks of the required length until the child is 15 months old.
 

Creche facility 
 

If there are fifty or more people working in the firm, the employer must provide a childcare facility.

Additionally, the employer must permit at least four visits every day, including the times spent in the childcare facility.

When a woman is hired by the business, she must be informed of this provision.
 

Prohibition of Dismissal of Pregnant Women
 

According to this Act, it is against the law for any employer to fire a woman if she isn't there.

Except in circumstances of the employer's egregious misbehaviour, if the woman is still fired, she will still be eligible for the medical bonus and maternity benefits.

Within 60 days following the order, the lady has the right to challenge this employer's decision to the proper authority.
 

No deduction of wages in certain cases
 

Because of the nature of her job or the nursing breaks she is entitled to, the employer is not permitted to withhold from the daily salary of women who are eligible for maternity benefits.
 

Forfeiture of maternity benefit
 

Women who work in any company while pregnant after being granted leave from their existing workplace have the right to have their claims for maternity benefits forfeited by the employer.

Display the abstracts of the provisions of this Act
 

Employers are required to post the summaries of this Act's provisions in plain sight and in a language that their employees can understand.

Maintenance of Records
 

The employer is required to keep the muster rolls for the registers and any other pertinent records in the manner specified.

Penalties of Non-Compliance
 

If the aforementioned employer compliance was not followed, the employer would be subject to the following fines.

Penalty for contravention of Act by employers
 

If the employer violates the Act's rules, he could be punished with up to 3 months in jail, a 500 rupee fine, or both.

The court has the authority to recover the amount of the maternity benefit or the amount as a fine and pay it to the entitled person when there is a violation involving the payment of maternity benefits or any other payment related to the same or amount that has not already been recovered.
 

Penalty for obstructing Inspector
 

Any person who refuses to provide the necessary record of registers hinders and conceals anyone from appearing, or from being questioned by the inspector, will be punished with up to three months in prison, a fine up to 500 rupees, or both.

Maternity Benefits (As Amended) Act 2017
 

The Maternity Benefit Amendment Act went into effect on April 3, 2017, with the goals of promoting female labour force participation, maintaining work-life balance in the workplace, and safeguarding pregnant mothers' employment.
 

The major employer compliance under the amended Act are –

• Lengthening of maternity leave to 26 weeks

• Twelve-week maternity leave for women who are commissioning or adopting
• Women have the choice to work from home
• Nursery Facility
• Knowledge of Maternity Benefits

Conclusion

Employer compliance with the Maternity Benefit Act can be advantageous for both the firm and the working women, and you can take legal advice from your legal counsel regarding this as it can help the employer avoid the risks and fines associated with non-compliance while also ensuring job stability and work-life balance for working pregnant women. Work-from-home policies, childcare services, maternity benefits payments, vacation time, and other pertinent provisions all aid in fostering a healthy sense of community among society's members.