1. Does an employer necessarily need to give facility of work from home to Pregnant women?

According to Section 5(5) of the Maternity Benefit Act, 1961 if the nature of a woman’s work allows her to work from home, the employer may permit her to do so after she has availed of the maternity benefit. This arrangement can be made for a period and under conditions mutually agreed upon by the employer and the woman.

2. Can the employer terminate the woman after learning about her pregnancy?

According to Section 12 of the Maternity Benefit Act, 1961 dismissing or discharging a woman during her pregnancy is unlawful, and the employer can be punished under Section 21 of the Act. However, in cases of gross misconduct, the employer may take necessary actions in accordance with the company’s defined disciplinary policy.

3. Can an employer Deny paying the maternity benefits to women employees?

According to Section 5(1) of the Maternity Benefit Act, 1961 every employer is required to provide maternity benefits to their female employees. However, as per clause (2), this obligation does not apply if the employee has not worked for at least 80 days in the twelve months immediately preceding her expected delivery date.

4. What are the requisites women employees should follow to claim maternity benefit from her employer?

According to Section 6 of the Maternity Benefit Act, 1961 any woman employed in an establishment and entitled to maternity benefit under the provisions of this act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

5. If a women employee is about to give birth for her third child. whether she will be eligible to get maternity benefit?

According to the Maternity Benefit Act, 1961 maternity leave for workers has been extended from 12 weeks to 26 weeks for the first two children. This benefit should not be utilized earlier than eight weeks before the expected delivery date. For the third child and beyond, maternity leave will remain at 12 weeks.