 Amended in 2017

 Title: The maternity benefit act, 1961.

 Extend: Whole of the India (Including J&K
from 1970)
 Total Sections: 30 Sections.
 This act is enacted on the basis of Article
39(e) & (f) of the Constitution: “ State shall, in
particular, direct its policy towards securing
the health & strength of workers, men &
women.’’
 Regulates the employment of women.
 In certain establishments for a certain
period.
 Before & after child birth. Further,
 It provides for maternity & other benefits.
‘‘Maternity benefits are aimed to provide for
the maintenance of woman & her child, when
she is not working.’’
 Where 10 or more workers are employed.
 Every establishment being a factory, mine or
plantation.
 Every establishment where persons are
employed for the exhibition of equestrian,
acrobatic & other performances.
 ‘ The State Government with the approval of
Central Government may extend it to other
establishments after giving 2 months notice.’
 Must have worked in the establishment for 80
days in 12 months before her date of
Delivery.
 Woman earning less than 15,000 may be
offered ESI scheme by her employer and will
not be eligible for maternity benefit but will
receive the maternity benefit under ESI
scheme.
 Nothing contained in this act shall apply to
any factory, establishment, to which the
provisions of the Employee’s State Insurance
Act, 1948 apply for the time being.
 Child : Includes a still-born child.
 Delivery: The birth of a child.
 Appropriate Government includes: Establishment being
a mine or establishment for the exhibition of equestrian,
acrobatic & other performances, THE CENTRAL
GOVERNMENT. Any other establishment, THE STATE
GOVERNMENT.
 Miscarriage: Expulsion of the contents of a pregnant
uterus at any period prior to or during the twenty-sixth
week of pregnancy. Does not include any miscarriage
which is punishable under Indian Penal Code.
Commissioning Mother: Biological mother who uses her
eggs(ovum) to create an embryo, implanted in any other
woman.
 Wages: All remunerations paid or payable in
cash, includes: Cash Allowances ( dearness
allowance, house rent allowance)
 Incentive bonus.
 Money value of the concessional supply of
food grains & other articles.
 Ten weeks before the expected delivery date,
she may ask employer to give her light work
after producing certificate of pregnancy.
 She should inform the employer seven weeks
prior to the date of delivery, about the leave
period.
 Name the person to whom the payment will be
made in case she cannot take herself.
 Any woman who has not given the notice when
she was pregnant may give such notice as soon
as possible after the delivery.
 Leave of 26 weeks (8 weeks before expected
date of delivery & 18 weeks after expected date
of delivery)
 A medical bonus of Rs. 3500/- (minimum
amount)
 In case of miscarriage: Leave of 8 weeks,
immediately after the date of miscarriage.
 An additional leave with pay up to one month.
[Proof of illness]
 Tubectomy operation: Leave with wages for a
period of 2 weeks.
 No discharge or dismissal while on maternity
leave.
 Light work for 10 weeks (6 weeks plus 1 month)
before delivery.
 No charge to her disadvantage in any conditions
of her employment while on maternity leave.
 2 Nursing breaks of 15 Minutes until the child is
15 months old.
 Pregnant women discharged or dismissed ( in
the case of gross misconduct ) may still claim
maternity benefit from employer.
 Every establishment having 50 or more
employees shall have the facility of crèche.
Employer shall allow 4 visits a day to the
crèche by the woman, which shall also
include the interval for rest allowed to her.
 No employer shall knowingly employ a woman
in establishmentduring 6 weeks following date
of her deliveryor miscarriage. No woman shall
work in any establishment during the6 weeks
immediately theday following her delivery. It
shall be unlawful for her employerto discharge
ordismiss her on account of such absence. In
case of Gross misconduct, the employerin
writing can communicate about depriving such
benefit. Within 60 days from date of
deprivationof maternitybenefit, any woman can
appeal to the authorityprescribedby law.
 • Every employer shall prepare and maintain
registers, records, muster-rolls. Penalty for
Contravention of Act • Imprisonment with
minimum period of 3 months to maximum
period 01 year. • Fine from Rupees Two
Thousand to Rupees Five Thousand.
 India, third on the list of countries with most
number of days given as maternity leave,
after Canada and Norway.
 ✓ She should give Notice in writing in the Prescribed
Form that her maternity benefit may be Paid to Her or
to Her Nominee.
 ✓ She should notify that she will Not Work in any
Establishment during the period for which she
Receives Maternity Benefit.
 ✓ She has to inform about her Absence from work
from the Date which shall not be Earlier than 6 weeks
before the date of her expected delivery.
 ✓ The notice may be given during the ✓ pregnancy or
as soon as possible, after the delivery.
 The amount or benefits shall be given to the
person nominated by the woman and in case
there is no such nominee, to her Legal
Representative.
 Payment of Medical Bonus: The medical bonus of
Two Hundred and Fifty Rupees is to be given by
Woman’s Employer
 Leave for Miscarriage, etc. : The woman after
producing the proof is entitled to Leave with Wages at
the Rate of Maternity Benefit, for a period of Six
Weeks immediately following the day of her
miscarriage
 Leave with Wages for Tubectomy Operation : In this
case the woman after producing the proof is entitled
to Leave with Wages at the Rate of Maternity Benefit
for a period of Two Weeks immediately following the
day of her Tubectomy Operation.
 Leave for Illness arising out of Pregnancy,
Delivery, Premature Birth of Child,
[Miscarriage, Medical Termination of
Pregnancy or Tubectomy operation]: In this
case after producing proof she will be entitled
in Addition to the Period of Absence Allowed,
to Leave with Wages at the Rate of Maternity
Benefit for a Maximum period of One month.
 She will be entitled in addition to the Interval for
rest allowed to her, be allowed Two Breaks of
prescribed duration for Nursing the child until
the child attains the age of Fifteen Months.
 No Discharge or Dismiss while on Maternity
Leave.
 No Deduction of Wages in case of Breaks for
Nursing the Child.
 Light Work for 10 weeks (6 Weeks plus 1
Month)before delivery.
 If any Employer Fails to Pay any amount of
Maternity Benefit or Discharges or Dismisses
the Woman who is entitled under this Act, He
shall be Punishable with Imprisonment up to
1 year and Fine up to Rs.5000.The Minimum
being 3 Months and Rs.2000 respectively.
 There is no provision on paternity leave in Indian labor
law for private sector workers.
 The civil servants (Central Government) however are
entitled to paternity leave. A male civil servant
(including an apprentice, probationer) with less than
two surviving children, may be granted Paternity
Leave for a period of 15 days before or up to six
months from the date of delivery of the child.
 If paternity leave is not taken within 6 months of the
birth of child, it is treated as lapsed.
 Workers on paternity leave are paid their leave salary
equal to the pay drawn immediately before
proceeding on leave.
 After analyzing various provisions of the Act,
it can be concluded that Maternity Benefit
Act, 1961 is a boon for the working women in
the sense that they don’t have job insecurity
during their maternity period. This act
regulate the employment of women &
provide maternity & other benefits to them.