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Indian legislation mandates that most facilities provide maternity benefits to women's employees to safeguard women's rights during and after pregnancy. Maternity benefits for all Indian businesses and establishments with 10 or more employees should be principally controlled by the Maternity Benefit Act of 1961. In the case of the maternity benefit Law of 1961, a woman has the right to a 'maternity benefit' – i.e., complete leave from work – to care for her kid. All establishments with ten or more persons are subject to the Act. Employers must notify females about the maternity benefits available to them under the Maternity Benefit Act when they join the workforce in writing and electronically. Under this Act, women employees have a right to maternity leave for up to 12 weeks (84 days). Six weeks' leave will be post-natal out of these 12 weeks. If the pregnancy is erroneous or medical, a worker has the right to six weeks of paid maternity leave. As women often feel abandoned or biased during or after their pregnancy at their workplaces, they must realize the privileges and rights they can enjoy under the law.

According to the Maternity Benefit Act, a woman will receive maternity benefits at the rate of her average daily salary in the three months before her maternity leave. The woman must, however, have worked for the company for at least 80 days in the 12 months preceding her estimated delivery date. If the mother has more than two living children, the maternity benefit is only valid for 12 weeks. The legislation was also modified to provide maternity benefits to commissioning and adoptive mothers, who are now entitled to 12 weeks of leave from the moment the child is born. Women who get a tubectomy, which is a medical treatment to prevent future pregnancies, receive two weeks of paid vacation after the surgery. In the event of a miscarriage or abortion due to medical reasons, the legislation allows women six weeks of leave following the operation. In the event of sickness following birth, miscarriage, medical termination of pregnancy, or tubectomy, a woman can request an additional month of paid leave over and beyond what is permitted.

The Maternity (Amendment) Bill 2017, which amends the Maternity Benefit Act of 1961, was passed by the Rajya Sabha on August 11, 2016, and the Lok Sabha on March 9, 2017, and obtained the President's assent on March 27, 2017. If the nature of the business allows it, the legislation also enables companies to allow women workers to work from home during the maternity benefit period. The Maternity Benefit Amendment Act expanded the length of paid maternity leave offered to women employees from 12 to 26 weeks. In 2017, the law was changed again, making creches required for businesses with more than 50 employees. Until the child reaches the age of 15 months, mothers are allowed to visit the creches up to four times per day and two breastfeeding breaks per day, in addition to any additional breaks that are provided as a matter of course.

An employer cannot fire a woman who is on maternity leave or send a termination notice to a woman who is on maternity leave that expires before her leave ends. During maternity leave, an employer cannot modify the conditions of service to the woman's detriment. Furthermore, unless the discharge or dismissal is for serious misbehavior, a woman who is fired or dismissed during her pregnancy will be entitled to maternity benefits and a medical bonus. In the event of a pregnant woman, the notice must indicate the date from which she will be absent from work, which must not be more than six weeks before the estimated delivery date. Any lady who did not provide the notice while pregnant may do so as soon as feasible after the delivery. The amount of maternity benefit due for the period preceding her expected delivery shall be paid in advance by the employer to the woman upon production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within 48 hours of production of such proof as may be prescribed that the woman is pregnant.

If no pre-natal confinement or post-natal care is provided free of charge by the employer, every woman entitled to maternity benefit under this Act is also entitled to a medical bonus of one thousand rupees from her employer. There shall be no litigation, prosecution, or other legal action brought against any person for anything done or intended to be done in good faith following this Act or any rule or order established thereunder.

The relevant Government may appoint such officials as it sees suitable as Inspectors for this Act and may designate the local limits of the legal power within which they will perform their duty under this Act, by publication in the Official Gazette. An inspector may enter any premises or place where women are employed or work is given to them in an establishment at any reasonable time with such assistants, if any, who are persons in the service of the Government or any local or other public authority as he thinks fit, to examine any registers, records, or notices required to be kept or exhibited by or under this Act. The employer is required by an inspector to provide information on the names and addresses of women working, payments given to them, and applications received from them under this Act. Any woman seeking maternity benefit or any other sum to which she is entitled under this Act, as well as anybody who believes payment due under section 7 has been unlawfully withheld, may file a complaint with the inspector.

If an employer violates the provisions of this Act or the rules promulgated thereunder, he shall be punished by imprisonment for up to three months, or a fine of up to five hundred rupees, or both; and if the violation is of any provision relating to maternity benefit or payment of any other amount, and such maternity benefit or amount has not already been paid, he shall be punished by imprisonment for up to three months, or a fine of up to five hundred rupees, or both. 

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