Maternity Benefits in India
Maternity benefits in India are mainly governed by the Maternity Benefit Act, 1961, which applies to all shops and establishments with 10 or more employees. Women working in factories with 10 or more workers are provided maternity benefits under the Employees' State Insurance Act, 1948.
Employers are required to inform women in writing and electronically about the maternity benefits available under the Maternity Benefit Act upon their joining the workforce. Given that women often feel left out or face biases during pregnancy or after childbirth in their workplace, it is important for them to know the benefits they can avail of and their rights under the law.
Wages and Leaves
The Maternity Benefit Act provides that a woman will be paid maternity benefit at the rate of her average daily wage in the three months preceding her maternity leave. However, the woman needs to have worked for the employer for at least 80 days in the 12 months preceding the date of her expected delivery.