Maternity Benefity Act

1961(with Amendment Act 2017)

 Maternity Benefity Act 1961(with
Amendment Act 2017)
Objectives of Maternity Benefit:

- It aims to regulate the employment of women in certain periods

before and after childbirth

- To provide for maternity benefits including maternity leave

wages , bonus , nursing breaks etc.

- To protect the dignity of motherhood and the dignity of a new

person by providing for full and healthy maintenance of the
women and her child at this important time when she is not
working.
- The Maternity Benefit Act-1961 extends to
whole of India.
- Every factory, mine or plantation (including
those belonging to Government) and to every
shop or establishment wherein 10 or more
persons are employed on any day preceding
12 months. 
 Conditions for Eligibility of Maternity
Benefit
1. Must work in the establishment for 80 days in 12 months before her
date of Delivery.

2. Ten weeks before the date of her expected delivery, she may ask the
employer to give her light work for a month. At that time she should
produce a certificate that she is pregnant.

3. She should give written notice to the employer about seven weeks
before the date of her delivery that she will be absent for eight weeks
before and eighteen weeks after her delivery.

4. She should also name the person to whom payment will be made in case
she can not take it herself.

5. She should take the payment for the first eight weeks before she goes
on leave.
 Cash Benefit
- Leave with average pay for eight weeks before the delivery.
- Leave with average pay for eighteen weeks after the delivery.
- Leave with average pay for 12 weeks for more than two children.
- A medical bonus of Rs.3500 if the employer does not provide free
medical care to the woman.
- In case of miscarriage, six weeks leave with average pay from the
date of miscarriage.
- In case of Tubectomy, two weeks leave with wages from the date of
Tubectomy.
- An additional leave with pay up to one month if the woman shows
proof of illness due to the pregnancy, delivery, miscarriage, or
premature birth.
- Together “26 weeks” leave with average pay (for two surviving
children)
 Non-cash Benefits
 - Light work for ten weeks before the date of her
expected delivery, if she asks for it.
- Two nursing breaks in the course of her daily work
until the child is 15 months old.
- Work from home, after availing of the maternity
benefit (conditional).
- No discharge or dismissal while she is on maternity
leave.
- No change to her disadvantage in any of the conditions
of her employment while on maternity leave.
- Pregnant women discharged or dismissed may still
claim maternity benefit from the employer.
 Contd..
 - Every establishment having 50 or more
employees shall have the facility of crèche.
- The employer shall allow four visits a day to
the crèche by the woman, which shall also
include the interval for rest allowed to her.
Dismissal during absence of Pregnancy
- Any discharge or dismissal of a women during
pregnancy for absence is entitled to maternity
benefit/medical bonus.
- In case of gross misconduct the employer in
written can communicate about depriving
such benefit.
- Within 60 days from date of deprivation of
maternity benefit, any women can appeal to
the authority prescribed by law.
 Penalty for Contravention of Act
-  For discharging or dismissing such a woman
during or on account of her absence from
work, the employer shall be punishable with
imprisonment which shall not be less than 3
months, but it will extend to one year and will
fined, but not exceeding Rs.5,000.
- Failure to Display Extract of Act -
Imprisonment may extend to one year or fine.