Maternity benefits to women working in unorganised sector

The Maternity Benefit Act regulates the employment of women in certain establishments for a certain period before and after childbirth and provides for maternity benefits and certain other benefits.

The Maternity Benefit Act, of 1961 was as amended as the Maternity Benefit (Amendment) Act, of 2017.

The following information has been given by Union Minister of State for Labour and Employment Shri Rameshwar Teli in a written reply in the Lok Sabha:-

1. The Act covers all establishments, including factories, mines, plantations, government-owned establishments, and those involved in equestrian, acrobatic, and other performances. It also includes shops or establishments defined by any current state law relating to shops and establishments. This applies to establishments that employ or have employed ten or more persons on any day within the past twelve months.
2. The maternity benefits are also provided to women workers who are covered under the provisions of Employees’ State Insurance (ESI) Act, 1948.
3. Any woman who is eligible for maternity benefits according to the Maternity Benefit Act will remain covered by this Act until she becomes eligible for claiming maternity benefits under the ESI Act, 1948.
4. The Code on Social Security, 2020 (CoSS) has been passed by the Parliament on 28.09.2020. The Code has subsumed various existing social security legislations including the Maternity Benefit Act, 1961.
5. The Code also provides for the maternity benefits to women workers who are covered under the provisions of Employees’ State Insurance (ESI) Act, 1948, which has also been subsumed in the Code. The ESI scheme is applicable to every establishment in which ten or more persons are employed other than a seasonal factory.
6. The Code on Social Security, 2020 already has enabling provisions inter-alia for providing health and maternity benefits to women workers under unorganised sector. Section 45 and Section 109(1) of the Code on Social Security, 2020 already provides for provision regarding framing of welfare scheme(s) including health and maternity benefits for these workers.  
7. Section 1(7) of the Code also provides for voluntary coverage of an establishment to enable it to obtain benefits of the Employees’ State Insurance (ESI) Corporation. The Code has not come into force so far.

The inputs were published by the Press Information Bureau Government of India.

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