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    An Easy-To-Understand Summary of Maternity Rights in India

    This series aims to demystify complex legal concepts and their impact on your daily life. We begin with the Maternity Benefit Act, a crucial law protecting working women’s rights.

    Imagine the law as a vast, intricate tapestry, woven with threads of rules, regulations, and statutes. Each thread represents a different aspect of our lives, from the contracts we sign to the rights we possess. Understanding this complex tapestry can be daunting, but it is essential for navigating the challenges and opportunities that life presents.

    This series aims to unravel the legal tapestry, providing clear and concise explanations of various laws and their practical implications. We will explore the different threads that make up this intricate fabric, from consumer rights to maternity laws, traffic regulations to employment contracts.

    Our first exploration will delve into the Maternity Benefit Act, a crucial piece of legislation that safeguards the rights of working women in India. 

    Key provisions of the Maternity Benefit Act:

    Maternity leave: Mothers can enjoy up to 26 weeks of paid leave. This allows new moms to focus on the care and nourishment of their newborns without compromising their financial security.

    Benefits for commissioning mothers: If you’re a commissioning mother, you are entitled to 12 weeks of paid leave. 

    Work-from-home option: Need more work flexibility? Under the Maternity Benefits Act, your employer can allow you to work from home for a period of time after you have availed your maternity leave.  

    Crèche facility: Companies with 50 or more employees must provide crèche facilities within a specified distance, helping working mothers balance familial responsibilities while staying active in the workforce.

    Information about benefits: Before joining any organisation, you should definitely inquire about their maternity benefits. Employers are required to inform women about the benefits available under the Act at the time of their initial appointment.

    Who does this law apply to?

    You are eligible if you are pregnant and have worked in the organised sector for at least 80 days of continuous service in the past year.

    Any woman who has legally adopted a child under three months old. 

    Any woman who used her egg to create an embryo planted in another woman. For such commissioning mothers, the 12-week period of maternity benefit is calculated from the date the child is handed over.

    Following the 2017 amendment, the Maternity Benefit Act has had a positive impact on the lives of working women in India. Apart from bringing into the legal framework steps that empower women to continue their careers after having children, the law has also helped improve maternal and child health outcomes. 

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