The act provides a robust framework of paid leaves and protection against discriminatory discharge during pregnancy.
1. Eligibility and Duration of Leave
- Work Requirement: To be eligible for maternity benefit, a woman must have actually worked in the establishment for at least 80 days in the 12 months immediately preceding her expected delivery date.
- Leave Duration (2017 Amendment): The paid maternity leave is 26 weeks (of which not more than 8 weeks shall precede the expected date of delivery). For women having 2 or more surviving children, the benefit is restricted to 12 weeks.
2. Core Statutory Protections
- Prohibition of Dismissal (Section 12): When a woman absents herself from work in accordance with the provisions of this Act, it is unlawful for her employer to discharge or dismiss her during or on account of such absence. Any notice of discharge during pregnancy that deprives her of maternity benefit is void.
- Prohibition of Arduous Work (Section 4): No employer shall knowingly employ a pregnant woman, and no pregnant woman shall do work of an arduous nature or which involves long hours of standing, during the 10 weeks preceding her delivery.
- Nursing Breaks (Section 11): Every woman delivered of a child who returns to duty shall, in addition to the interval for rest, be allowed in the course of her daily work two breaks of prescribed duration for nursing the child until the child attains the age of 15 months.
3. Creche Facility
Every establishment employing 50 or more employees must provide a creche facility within a prescribed distance. The mother is allowed 4 visits to the creche daily (including her nursing breaks).