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Maternity Benefit (Amendment) Act 2017






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Maternity Benefit (Amendment) Act 2017

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Maternity Benefit (Amendment) Act 2017


For all the women who are working in factories, shops or establishments having in it 10 or more than employees, the Maternity Benefits Act was introduced to allow maternity leave to pregnant women so that they can get proper rest and both the heath of baby and the month is secured.

Earlier the Act was The Maternity Benefit Act, 1961. However as per the recent amendment, The Maternity Benefit (Amendment) Act 2017 was introduced to increase the maternity leave for women from 12 weeks to 26 weeks for the first two children. Also, new provisions regarding work from home and creche facility were also introduced in the amendment.

All of this was done to give respect to motherliness who are working in a workplace to earn a living. We all know, one man’s earning is not enough to run a home in today’s era and so, courageous women also earn.


The Maternity Benefit (Amendment) Act, 2017 is applicable on all women who are either working in mines, plantations, shops and establishments or factories. Doesn’t matter whether it is an organized sector or unorganized, this act prevails everywhere.

As per Section 2 of the Act, the act is applicable to all women who are employed in any capacity directly or through any agency i.e either on contractual or consultant. Also, where there are 10 or more employees present in an organization, the Maternity Benefit (Amendment) Act shall be applicable.


As per the provision of the Maternity Benefit (Amendment) Act 2017, women who have completed 80 days in the 12 months immediately preceding the date of her expected delivery is entitled to maternity leaves for maximum of 26 weeks of which not more than 8 weeks shall be preceding the expected date of her delivery.

Women having 2 or more surviving children shall be allowed maternity leave of 12 weeks of which not more than 6 weeks should be before the expected date of her delivery.

Additional 30 days shall be provided for sickness arising out of being in the family way, premature delivery or medical termination of pregnancy.


As per Section 5(5) of the Act, where the work is of such nature which can be done easily from home itself then the employer may allow the women to do so after availing the maternity benefit for such period and so on such conditions as the employer and the women mat mutually agree.

As per Section 11A(1) of the Act, every establishment where there are fifty or more employees, the employer is required to provide the facility of creche within such distance as per prescribed rules, either separately or along with common facilities. The employer shall allow four visits a day by the women including the intervals of rest.

As per Section 12 states that if any of the women is being terminated during the pregnancy then it shall be considered unlawful and such employer can be punished under Section 21 of the Act. However, in case of gross misconduct, the employer can take necessary actions as per the disciplinary policy of the Company.

For the commissioning mothers as well, the Maternity Benefit Act allows various benefits which states that the commissioning mother or adoptive mother are entitled to 12 weeks of maternity leave from the date of commissioning/ adoption.

*Commissioning mother is someone who uses her eggs to create an embryo implanted in any other women.
*Adoptive mother is the one who adopts a child of upto 3 months.

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Maternity Benefit (Amendment) Act 2017

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Answer to your queries

Maternity Benefit (Amendment) Act 2017

The MBA Act 2017 has come with a new feature which is beneficial for all the women, that is the duration of paid maternity leave available has been increased from 12 weeks to 26 weeks.  

All the women in an organization who are employed for a period of at least 80 days in the past 12 months are eligible to fall under and avail the benefits of Maternity Benefit Act.

The Maternity Benefits Act in India regulates the employment of women in certain establishments for a certain period before and after the child is born. Also, this act provides other maternity benefits as well.


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