The Maternity Benefit Act, 1961, is a crucial piece of legislation in India that protects the employment rights of women during pregnancy and after childbirth. The Act ensures that a woman is entitled to paid maternity leave and prohibits termination during pregnancy. However, many employers violate these provisions, leading to legal disputes. This article discusses the legal protections available to pregnant women under the Act, the consequences of denial of salary, and wrongful termination, along with relevant case laws.
Right to Salary During Maternity Leave
Section 5 of the Maternity Benefit Act entitles a woman to full salary during her maternity leave. According to the Act:
A woman who has worked for at least 80 days in an establishment in the 12 months preceding her expected delivery date is eligible for maternity benefits.
The maternity leave period is 26 weeks for the first two children and 12 weeks for subsequent children.
The salary paid during maternity leave must be equal to the average daily wage for the period of absence.
Employer’s Liability for Non-Payment of Salary
Employers cannot deny maternity benefits under any circumstance. If an employer refuses to pay the salary, the woman can take the legal action against the employer for the same.
In a case titled as Municipal Corporation of Delhi v. Female Workers (2000), the Supreme Court held that even casual workers, daily wage workers, and contractual employees are entitled to maternity benefits. The Court emphasized that maternity benefits are not a matter of charity but a fundamental right under Article 42 of the Indian Constitution.
Can an Employer Terminate a Pregnant Employee?
The Act explicitly prohibits the termination or dismissal of a woman during her pregnancy. Section 12 of the Act states that if an employer dismisses a woman while she is on maternity leave, it shall be deemed unlawful. Any such termination is void ab initio, and the employer is liable for penalties.
Air India v. Nargesh Meerza (1981)
In this case, the Supreme Court struck down a discriminatory Air India regulation that terminated air hostesses upon pregnancy. The Court ruled that such a provision was arbitrary, unreasonable, and violated Article 14 (Right to Equality).
Exceptions Where Termination May Be Valid
An employer may terminate a pregnant employee if:
1. She is found guilty of gross misconduct.
2. She voluntarily resigns.
3. The organization shuts down.
However, even in these cases, the employer must provide reasonable justification and comply with procedural fairness.
In a case titled as Neera Mathur v. Life Insurance Corporation of India (1992), the Supreme Court ruled in favor of a woman who was dismissed for concealing her pregnancy. The Court held that such termination was discriminatory and violative of her right to maternity benefits.
Penalties for Employers Violating the Maternity Benefit Act
As per Section 21, any employer violating the Act may face imprisonment of up to one year or a fine of up to ₹50,000, or both.
The woman can also claim additional compensation through civil remedies.
Conclusion
The Maternity Benefit Act is a protective legislation aimed at ensuring financial security and job protection for pregnant women. Denying salary or terminating employment due to pregnancy is unlawful and can attract severe penalties. Women facing such discrimination should seek legal remedies and enforce their rights.
Contributed by RIDHIMA MANCHANDA