Maternity rights in India:What every working woman must know.

Maternity rights in India are set by law to protect the rights and well-being of pregnant and nursing women in the workplace. These laws are designed to ensure that women are able to take time off for pregnancy and childbirth without losing their jobs or facing discrimination, and that they have access to appropriate facilities and benefits while they are on leave.

The Maternity Benefit Act of 1961 is the primary law that governs maternity rights in India. Under this act, women are entitled to 12 weeks of paid maternity leave, with an option to extend this leave for an additional two months. The leave must be taken in one continuous stretch, and must begin at least six weeks before the expected date of delivery.In order to be eligible, the employee should have worked for atleast 80 days within a 1 year period in the institution and the employer should have a minimum of 10 employees.

In 2017, the Indian government has added an amendment to this act, which has increased the leave from 12 weeks to 26 weeks for the first two children and 12 weeks for the third child. Also, it introduced the provision of 12 weeks leave for Adoption and commissioning mothers. This is a significant improvement for the working women who want to take care of their newborn child.

During this time, the employer is required to pay the employee her full wages, which are defined as the average of the wages earned in the three months prior to the maternity leave. This ensures that the employee will continue to receive a steady income while she is away from work.

The act also requires employers to provide certain facilities to their pregnant and nursing employees, such as a creche or daycare facility, and to make arrangements for the breastfeeding of the child during working hours. Employers are also prohibited from discharging, dismissing, or giving notice of dismissal to a woman during the period of her maternity leave, or for a period of six months after the leave has ended.

However, there is a long way to go for India to effectively implement the law, a lot of women in India are still not aware of their rights and employers also do not comply with the laws. A lot of them face discrimination, including job loss or being forced to resign due to their pregnancy. Also, the provision of creche and breastfeeding hours are not implemented in most of the organizations.

In conclusion, the maternity rights laws in India are a step in the right direction for protecting the rights of pregnant and nursing women in the workplace. But the proper implementation and awareness about these laws is still a big challenge in India. Employers and employees should work together to create a more supportive and inclusive working environment for women who are expecting or have recently had a baby.