Although becoming a mother and becoming pregnant are frequently presented as normal life transitions but working women face particular difficulties during these times. These difficulties are not just physical but also financial, emotional, and legal. While the Maternity Benefit (Amendment) Act, 2017 in India attempted to address many of these issues. Now, women are frequently unaware of their entitlements due to the difficulties in putting it into practice.

A good development was the Maternity Benefit (Amendment) Act of 2017, which greatly extended maternity leave for women in organized sectors from 12 weeks to 26 weeks. However, many women and even some employers do not completely understand the Act's provisions, loopholes, and difficulties. This blog seeks to reveal hidden facts and frequently neglected elements of the Maternity Benefit (Amendment) Act, 2017 that companies might not always tell workers about. We will have a better understanding of what working mothers are entitled to and how they can obtain their maternity benefits by deciphering the Act.

A Snapshot of the Maternity Benefit (Amendment) Act, 2017

A significant development in India's legal system, the Maternity Benefit (Amendment) Act, 2017 sought to improve the working conditions for women. The main goals of the law are to safeguard women's health, ensure their financial security, and foster a positive work environment for expectant mothers. However, despite the law's obvious goal, many women are either unaware of their rights or unable to fully utilize the benefits that are available to them due to inadequacies in its implementation.

Key Provisions of the Act:

1. Empowering Mothers: The Maternity Benefit (Amendment) Act significantly expanded the amount of maternity leave days available to working women, increasing the duration of leave from 12 weeks to 26 weeks. Women now have the right to 26 weeks of maternity leave in companies with 10 or more workers. Although this was a significant improvement, only the first two children are covered under the clause. The leave entitlement goes back to 12 weeks for any additional children. With this provision, India is now more in complying with international norms, where nations such as Sweden and the UK provide maternity leave of up to a year. Despite these developments, there are still a lot of implementation problems because this Act frequently does not apply to smaller businesses and the unorganized sector.
    
2. Leave for Medical Termination of Pregnancy (MTP) or Miscarriage: The legislation provides women with six weeks of paid leave in these situations because it acknowledges the psychological and physical toll that medical termination of pregnancy or miscarriage can have. The purpose of this clause is to give women the time they need to heal, both mentally and physically.
    
3. Adoptive and Commissioning Moms: The Act provides maternity leave to adoptive moms and commissioning mothers (those who use surrogacy), marking a major step towards equality. If the kid is under three months old, these women are eligible for 12 weeks of paid leave.
    
4. Work-from-Home and Flexible Hours: The Maternity Benefit (Amendment) Act gives women the opportunity to seek flexible working hours and the choice to work from home following their return from maternity leave, as part of an effort to enhance work-life balance. This is intended to make it easier for new mothers to return to the employment. Many businesses could be sceptical to provide these flexible arrangements, particularly in conventional industries. Women may be hesitant to ask for such allowances out of concern that they would come seen as less dedicated to their work. Additionally, some firms might not have the resources or adaptability necessary to successfully adopt such regulations.
    
5. No Termination During Maternity Leave: One of the Act's core provisions prohibits dismissing an employee while they are on maternity leave. Women who take maternity leave must not be penalized or fired, and their employment must be protected while they are away.

The Hidden Truths

Despite being a major advancement, the Maternity Benefit (Amendment) Act, 2017 is still far from ideal in its application. Women workers are frequently clueless of their rights due to a variety of complexities, gaps, and areas where employers frequently disregard the law.

Issues with Implementation of the Maternity Benefit Act

1. The Unorganized Sector Is Ignored –
   Smaller businesses and employees in the informal sector, which makes up a substantial percentage of India's labour, are not covered by the Act, even though it applies to firms with ten or more employees. The Act's safeguards are not available to women who work as domestic helpers, farmworkers, or in the gig economy.
    
2. Not All Maternity Leave Is "Paid":
   Even though paid maternity leave is guaranteed by the Act, certain small business or startup employers may choose to offer just partial or reduced compensation during maternity leave. Women suffer financially as a result, especially those who depend significantly on their income to provide for their children. In such scenarios, you have the right to file a complaint with the Labour Commissioner or pursue legal action if you aren't getting paid in full while on maternity leave.
    
3. Maternity Leave Eligibility Requirements:
   Women on temporary or short-term jobs may not be able to take advantage of the entire 26 weeks of leave due to the 80-day work minimum for full maternity benefits. Women in contract or part-time employment might get perplexed as a result of this clause's insufficient explanation. Many employers may not make it clear that you are entitled to a reduced period of maternity leave (12 weeks), which can make women feel as though they aren't getting their rights, even if you haven't worked for 80 days in the 12 months before your anticipated delivery.
    
4. Hidden Penalty for Employment After Maternity Leave:
   Many women experience a subtle career penalty after returning from maternity leave, even though they are legally protected from being fired during that time. This can involve being passed over for leadership positions, getting less significant responsibilities, or being shelved for promotions. These behaviours are types of retaliation against women for taking maternity leave, even though they may not be explicitly discriminatory.
    

Real-Life Cases

• Case 1: Shikha Sharma v. Maruti Suzuki (2018)
  Maruti Suzuki refused Shikha Sharma, a contract worker, full maternity benefits, arguing that she was not entitled because of her temporary position. The Delhi High Court decided in Sharma's favor, concluding that the Maternity Benefit Act still granted contractual workers the same maternity benefits as permanent employees.
   
• Case 2: Ritu Yadav v. AIG Insurance (2019)
  Soon after taking maternity leave, Ritu Yadav, an employee of AIG Insurance, got laid off. The Labour Court decided that Yadav's dismissal violated the Maternity Benefit Act, and that she was entitled to reinstatement with full pay for the time of leave.
   
• Case 3: Neha Mishra v. HDFC Bank (2020)
  Neha Mishra, a senior manager at HDFC Bank, was denied the right to return to work after taking maternity leave. The bank stated it was restructuring and did not have a position available for her. The court determined that Mishra's termination was illegal under the Maternity Benefit Act.
   
• Case 4: Priya Sharma v. Amazon India (2022)
  When Priya Sharma, a senior project manager at Amazon India, rejoined work post maternity leave, she encountered discrimination and was marginalized in her team. She filed a complaint under the Maternity Benefit Act, highlighting ongoing workplace retribution despite legal safeguards.

 
Conclusion
fortunately, the Maternity Benefit (Amendment) Act, 2017 makes huge improvements, women must fully comprehend their rights in order to take advantage of all that it has to offer. On the other side, employers need to embrace a culture of openness, inclusivity, and empathy in addition to simply following the letter of the law. The stigma or covert discrimination that mothers frequently experience at work cannot be eliminated by legal protections alone. Both women and employers may establish a more equitable and fair work environment that supports women's career advancement and overall well-being by making sure that workers are aware of their rights.

Ultimately, educating women about their legal rights is about creating work environments where motherhood is viewed as an asset rather than a weakness. I t is imperative that women demand the benefits to which they are entitled and seek legal remedy if those rights are refused. Women must continue to be conscious of their rights, have the authority to assert them, and have the backing of moral employers who value gender equality in the workplace as well as legal frameworks.