Abstract

The involvement of women holds substantial importance in all workplace settings, and it is crucial for every Indian woman entering motherhood to be well-versed in the legal provisions safeguarding maternity rights. The Maternity Benefit Act governs the employment conditions of women in various establishments before and after childbirth. This study delves into the Act's application in India, providing an outline of the prerequisites for availing maternity leave. Additionally, it thoroughly explores the uncertainty surrounding surrogate mothers' eligibility for maternity leave in India. Furthermore, the paper examines whether maternity leave in India is compensated or not and whether there exists the possibility for a woman to extend her maternity leave beyond the legally mandated period. The paper also addresses employers' responsibilities in complying with the Maternity Benefit Act, including penalties for violations. The Maternity Benefit (Amendment) Act of 2017 aims to secure maternity benefits and other related entitlements, enabling pregnant women to sustain their careers while experiencing a safe, healthy, and peaceful period with their families during maternity leave. In essence, it is concluded that women in the workforce should be well-informed about their entitlements concerning motherhood rights within their working environment.

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