The path to equal workplace rights for women has evolved through significant laws that aim to protect their interests, particularly during motherhood. The Maternity Benefit Act of 1961 is one of India’s landmark laws, specifically designed to support women during maternity. This post explores the important sections of the Maternity Benefit Act, its connection with the Factories Act and other labor laws, the standing of women under international accords, and the prominent features of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW).

Maternity Benefit Act, 1961: An Overview

The Maternity Benefit Act of 1961 was a crucial milestone in recognizing women's reproductive rights in the workplace. This Act provides working women with essential maternity leave and benefits as a means of ensuring the health of new mothers and their children in the immediate months following childbirth.

The Act applies to establishments employing ten or more workers, detailing several important entitlements:

1. Maternity Leave: Women are entitled to up to 26 weeks of paid leave for their first two live births and 12 weeks for subsequent children. This means that a woman could receive nearly half a year of paid leave to focus on her newborns.

   
   

2. Wages During Leave: The Act allows women to receive maternity benefits equivalent to their average daily wage throughout their maternity leave. For example, if a woman usually earns INR 800 per day, she would receive about INR 20,800 for 26 weeks off work.

   
   

3. Medical Benefits: The Act includes provisions for medical expenses related to childbirth. This ensures women receive the healthcare they need during this crucial time, which can significantly reduce financial stress.