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MATERNITY BENEFIT ACT, 1961

Priyanga

The Maternity Benefit Act, 1961 was enacted to regulate the employment of women in certain establishments for a certain period before and after childbirth. It also provides various benefits to women during their maternity period.


(Note: This Act was recently amended in 2017 and the corresponding changes have also been incorporated in this article.)


What is an establishment?

An Establishment includes:

  1. a factory

  2. a mine

  3. a plantation 

  4. an establishment where a person is employed for the exhibition of equestrian (a rider or performer on horseback), acrobatic and other performances.

  5. a shop in which ten or more persons are employed or were employed on any day of the preceding twelve months.

Prohibition of employment or work of women during certain periods:-

  1.  An employer is prohibited to employ a woman or the woman herself is forbidden to work in any establishment during the period of six weeks immediately after her delivery or miscarriage.

  2. If the pregnant woman requests to work for a period during one month, immediately preceding 6 weeks before the date of her expected delivery, the employer cannot ask her to do :

  •  a work which is of an arduous nature.

  • which involves long hours of standing.

  • which in any way is likely to interfere with her pregnancy or normal development of the foetus.

  • which is likely to cause miscarriage or badly affect her health .


Right to payment of maternity benefit:

  • Eligibility- A woman must have worked in the establishment for atleast eighty days in the period of twelve months, immediately preceding the date of her expected delivery.

  • Every woman is entitled to the payment of daily wage or Rs.10, whichever is higher, for the days on which she worked during the preceding three months, before the date on which she absents herself on account of maternity.

  • The maximum period of Maternity leave - A woman is entitled to maternity benefit only for twenty-six weeks, out of which not more than eight weeks leave could be claimed before the date of her expected delivery.

In the case of a woman with two living children, the maternity benefit period is reduced to twelve weeks of which, not more than six weeks is permitted preceding the delivery.

  • The maximum period a woman is entitled to maternity benefit 

  1. If a woman dies during this period - payable for the days up to and including the day of her death.

  2. If she dies during or after the date of her delivery (and the child survives) - the employer is liable to pay for the entire period of twenty-six weeks.

  3. If the child also dies - payable for the days up to and including the date of death of the child.

  • Commissioning mother (a biological mother who uses her egg to create an embryo implanted in any other woman) – is entitled to maternity benefit for twelve weeks from the date on which the child is handed over to the commissioning mother.


Notice of claim for maternity benefit:


Any woman who is entitled to the maternity benefit must give notice in writing to the employer stating her maternity benefit and also intimate the days on which she will not work.

Moreover, failure to give notice will not make her ineligible to maternity benefit under the Act.


Other Benefits:

  1. Payment of medical bonus

  2. Leave for miscarriage

  3. Leave with wages for tubectomy operation

  4. Leave for illness arising out of pregnancy, delivery or premature birth of child

  5. Nursing breaks.


Punishment for contravention of provisions of the Act by employer:

  • The employer shall be punishable with imprisonment for three months which may extend to one year and with fine of two thousand rupees which may extend to five thousand rupees.

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