Ques. What are the maternity benefits allowed in India as per Law?
In India, maternity benefits are provided to women employees through various labor laws. The primary legislation governing maternity benefits is the Maternity Benefit Act, 1961. Below are the key maternity benefits allowed under this act:
Paid Leave:
A woman is entitled to receive paid leave for a certain period before and after childbirth. The duration of maternity leave is typically 26 weeks, which includes up to eight weeks before the expected delivery date (antepartum leave) and up to 18 weeks after the delivery date (postpartum leave).
Maternity Benefit Pay:
During the maternity leave period, the woman is entitled to receive maternity benefit pay. The rate of maternity benefit pay is a certain percentage of the woman’s average daily wage for the period of her actual absence.
Medical Bonus:
In addition to maternity benefit pay, a woman is entitled to receive a medical bonus under certain conditions. This is a lump-sum amount provided for medical expenses related to the pregnancy.
No Dismissal or Discharge:
During the period of a woman’s maternity leave, she cannot be dismissed or discharged from employment. This protection extends to the period during which she is absent due to illness arising out of pregnancy, delivery, premature birth, or miscarriage.
Right to Return to Work:
A woman who has taken maternity leave is entitled to return to the same position she held before her absence or to a position with the same pay and service conditions.
Crèche Facility:
Establishments employing a certain number of employees are required to provide crèche facilities. Women employees are allowed to visit the crèche during the day to check on and feed their children.
Work from Home:
Employers may also consider providing the option of work from home for certain eligible women employees during their maternity leave period.
It’s important to note that these benefits are applicable to women working in establishments covered by the Maternity Benefit Act. The Act applies to factories, mines, plantation, shops, and other establishments as specified in the legislation. Additionally, in 2017, the Maternity Benefit (Amendment) Act increased the duration of maternity leave from 12 weeks to 26 weeks for eligible women employees and introduced other provisions to enhance maternity benefits.
Employers are responsible for ensuring compliance with these provisions, and women employees should be aware of their rights under the Maternity Benefit Act. If there are any violations or disputes, women can seek redress through the appropriate legal channels.
What are the Maternity Benefits in the Unorganised Sector?
While the Maternity Benefit Act of 1961 primarily applies to women employed in the organized sector, the unorganized sector in India often lacks clear statutory provisions for maternity benefits. However, the government has introduced certain schemes and measures to address maternity benefits for women working in the unorganized sector:
Pradhan Mantri Matru Vandana Yojana (PMMVY):
The PMMVY is a maternity benefit program introduced by the Government of India. It provides financial assistance to pregnant and lactating women in the unorganized sector for their first live birth. As of my last update in January 2022, the scheme provides a cash incentive directly to the bank account of the beneficiaries, covering a partial wage compensation.
Anganwadi Workers and Accredited Social Health Activists (ASHAs):
Anganwadi workers and ASHAs, who are part of the unorganized sector, play a crucial role in healthcare and nutrition services. While they may not fall under the Maternity Benefit Act, there have been efforts to address their maternity-related concerns, including provisions for paid leave and benefits.
State-Specific Schemes:
Some states in India have introduced their own maternity benefit schemes for women in the unorganized sector. These schemes may vary in terms of eligibility criteria, benefits, and implementation.
National Health Mission (NHM):
Under the NHM, there are provisions for providing maternity benefits to women working in the health sector. ASHAs, auxiliary nurse midwives, and other healthcare workers may be eligible for certain benefits during their maternity period.
It’s important to note that the situation for women in the unorganized sector with regard to maternity benefits can vary across states and regions. The government has been working on improving the social security measures for workers in the unorganized sector, and initiatives may evolve over time.
Women in the unorganized sector are encouraged to inquire about available schemes and benefits at the local level, such as through community health workers, government health facilities, or local administrative offices. Additionally, any updates or changes to existing schemes after my last update in January 2022 should be verified from the most recent sources.
Are there any Institutional Delivery Schemes for rural India
In India, various government schemes have been implemented to promote institutional deliveries, particularly in rural areas. The goal is to ensure that pregnant women have access to quality maternal healthcare services and that deliveries take place in healthcare facilities. These schemes aim to reduce maternal and infant mortality rates by providing proper medical care during pregnancy and childbirth. Here are some key institutional delivery schemes in rural India:
1. Janani Suraksha Yojana (JSY):
• Objective: Launched under the National Health Mission, JSY aims to reduce maternal and infant mortality by promoting institutional deliveries.
• Beneficiaries: Pregnant women in rural areas who opt for institutional deliveries.
• Benefits: Cash incentives for pregnant women who deliver in government health facilities or accredited private institutions. Additional cash incentives for women from Scheduled Castes and Scheduled Tribes, as well as for those undergoing cesarean sections.
2. Janani Shishu Suraksha Karyakram (JSSK):
• Objective: JSSK focuses on providing free and cashless services to pregnant women and sick newborns.
• Beneficiaries: Pregnant women and infants in rural areas.
• Benefits: Free and cashless delivery services, including antenatal care, delivery, and postnatal care. It covers the costs of drugs, diagnostics, diet, and blood transfusions if needed. Also provides free transport from home to health facilities.
3. Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA):
• Objective: PMSMA aims to provide comprehensive antenatal care to pregnant women.
• Beneficiaries: Pregnant women, particularly those in rural and underserved areas.
• Benefits: Free antenatal care check-ups, including necessary tests and consultations, on the 9th of every month at designated healthcare facilities.
4. National Health Mission (NHM):
• Objective: NHM is a flagship program that includes various components to improve maternal and child health.
• Beneficiaries: Pregnant women and children in rural areas.
• Benefits: Focuses on reducing maternal and child mortality through interventions like Janani Suraksha Yojana, Accredited Social Health Activists (ASHAs), and strengthening healthcare infrastructure in rural areas.
5. ASHA (Accredited Social Health Activist) Scheme:
• Objective: ASHAs are community health workers who play a crucial role in promoting institutional deliveries.
• Beneficiaries: Pregnant women and mothers in rural areas.
• Benefits: ASHAs assist pregnant women in accessing antenatal care, accompany them to health facilities for deliveries, and provide postnatal care and counseling.
6. Mai Bhago Vidya Scheme (MBVS):
• Objective: Implemented by the Government of Punjab, this scheme encourages institutional deliveries in rural areas.
• Beneficiaries: Pregnant women in Punjab.
• Benefits: Cash incentives for pregnant women who deliver in government health facilities.
It’s important to note that the implementation and details of these schemes may vary across states. Pregnant women in rural areas are encouraged to reach out to local healthcare providers or community health workers to inquire about available schemes and support for institutional deliveries.
Q. How to deal with an employer who does not respect the maternity status of a women employee in India?
Ans- If an employer does not respect the maternity status of a woman employee in India, it is a serious violation of the Maternity Benefit Act, which is in place to protect the rights of pregnant women and new mothers in the workplace. Here are steps you can take to address this issue:
1. Review the Maternity Benefit Act:
• Familiarize yourself with the provisions of the Maternity Benefit Act, 1961. Understand your rights regarding maternity leave, benefits, and protection against dismissal or discrimination during the maternity leave period.
2. Document Everything:
• Keep a record of all communication related to your maternity leave and any instances of non-compliance by your employer. This includes emails, letters, or any written communication.
3. Inform Your Employer in Writing:
• Write a formal letter or email to your employer clearly stating your maternity leave plans, the expected start date, and the duration. Include reference to the Maternity Benefit Act and your entitlements.
4. Contact Human Resources (HR):
• If your direct communication does not yield results, approach your company’s HR department. Provide them with all relevant details and documentation. HR should be aware of and trained on maternity benefits and workplace policies.
5. Seek Support from Colleagues:
• If possible, seek support from colleagues or other employees who have experienced similar issues. Having a collective voice can bring attention to the problem.
6. Contact the Labor Department:
• If internal mechanisms do not resolve the issue, you can file a complaint with the labor department. Each state in India has a labor department that deals with labor-related disputes. Submit a formal complaint outlining the details of the non-compliance.
7. Consult Legal Advice:
• If necessary, consult with a legal professional specializing in labor laws. They can provide guidance on the best course of action and may assist in resolving the matter through legal means.
8. Utilize Grievance Redressal Mechanisms:
• Some companies have internal grievance redressal mechanisms. If your company has such a system, utilize it to escalate the matter.
9. Contact the Women’s Helpline or NGOs:
• There are women’s helplines and non-governmental organizations (NGOs) that focus on women’s rights and workplace issues. They may be able to provide guidance or intervene on your behalf.
10. Keep Records of Medical Certificates:
• If your employer questions the need for maternity leave, provide any required medical certificates or documents supporting your leave application.
Remember, maternity benefits are protected by law, and your employer is obligated to comply with the Maternity Benefit Act. Taking steps to address the issue promptly and documenting your actions can strengthen your case if you need to escalate the matter further. Always prioritize your well-being and the health of your child during this period
