Maternity Benefit Act Ruling – An Update

Work from home only if the nature of work so permits, rules the Karnataka High Court.

In March 2022, the Karnataka High Court passed an order clarifying the scope of the work from home benefit for mothers on maternity leave.  The court held that the work from home benefit can only be provided when the nature of work assigned to the employee is such that it can be performed from home.

In this update, we analyze the order in the context of the Maternity Benefit Act, 1961 and advisories issued by the Indian government.

Background

In India, maternity benefits are governed under the Maternity Benefit Act, 1961 (the "Act"). 

The Act is applicable to every organization having ten (10) or more employees.   As per the Act, every woman who is employed in an organization for eighty (80) days or more is eligible for maternity benefits.