MATERNITY BELIEF ACT

SECTION – 1: Title: Maternity Benefit Act,1961 Extend: whole of India (including J&K
from 1970). Total sections: 30 sections. This act is enacted on the basis of article 39(e) & (f)
of constitution: “State shall, in particular, direct its policy towards securing the health &
strength of workers, men and & women”.
SECTION- 2:
Certain definitions have been specified in the context of the Act.
These are:
 "Child" includes a still-born child;
 "Delivery" means the birth of a child;
 "Employer" means - A person appointed by the Government for the supervision and
control of employees. In the absence of such an appointment, this person would be the
head of the department or the chief executive officer of the local authority. The
employer could also be the person who has the ultimate control over the affairs of the
establishment.
 "Establishment" stands for a factory, mine or plantation etc.
 "Miscarriage" means the expulsion of the contents of a pregnant uterus at any period
prior to or during the twenty-sixth week of pregnancy but does not include any
miscarriage, the cause of which is punishable under the Indian Penal Code.
 "Wages" means remuneration paid or payable in cash to a woman and includes
dearness and house rent allowance, incentive bonus and the money value of the
concessional supply of food grains and other articles. It does include any other kind of
bonus, overtime earnings, any contribution towards the pension fund or provident
fund and any gratuity payable on the termination of service.
Who is entitled to maternity benefit?
Every woman is entitled to the payment of maternity benefit at the rate of the average
daily wage for the period of her actual absence immediately preceding and including the
day of her delivery and for the six weeks immediately following that day. The average
daily wage is calculated on the basis of the amount payable to her for the days on which
she has worked during the period of three calendar months immediately preceding the

1|Page
 date from which she has absented herself on account of maternity, or one rupee a day,
whichever is higher.
To be eligible for maternity benefit, a woman should have worked in an establishment
for not less than 160 days in the twelve months immediately prior to the date of her
expected delivery. The maximum period for which any woman can be entitled to
maternity benefit is twelve weeks. This includes six weeks up to and including the day of
her delivery and six weeks immediately following that day. If a woman dies during this
period, the maternity benefit will be payable only for the days up to and including the day
of her death.
However, if she delivers a child and dies during the delivery or during the period of six
weeks following the delivery, the employer will be liable for the maternity benefits of the
entire period of six weeks immediately following the day of her delivery. If the child dies
during this period, the liability will be only up to and including the day of the death of the
child.
In case the woman dies before receiving the benefit, the amount must be paid to her
nominee or legal representative. In the event of a miscarriage, the woman must produce
relevant proof that she has suffered a miscarriage. This will entitle her to receive leave
with wages at the rate of the maternity benefit, for a period of six weeks immediately
following the date of the miscarriage. Women who are ill on account of pregnancy,
delivery, premature birth of a child or a miscarriage are also entitled to a period of
absence or to leave with wages at the rate of maternity benefit for a maximum period of
one month. However, they must submit proof of their illness.
OBJECTIVE:
 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.
Applicability of the Maternity Act:
 The Act extends to whole of India. In the first instance, to every establishment being a
factory, mine or plantation in which 10 or more persons are or were employed on any

2|Page
 day of the preceding (12) twelve months. (Including any such establishment
belonging to Government & to every establishment wherein persons are employed for
the exhibition of equestrian (riding), acrobatic and other performances).
 The Central Industrial Relations Machinery (CIRM) in the Ministry of Labour is
responsible for enforcing this Act.
Duties of Employee for Maternity Benefits:
 Under Section - 5(2) of the Maternity Benefit Act, 1961: She must work not less than 80
Days in the 12 months immediately preceding the date of her expected delivery.
 Ten (10) 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.
 She should give written notice to the employer about Seven (07) weeks before the date of
her delivery that she will be absent before and after her delivery. She should also name
the person to whom payment will be made in case she cannot take it herself.
KEY HIGHLIGHTS OF THE AMENDMENT
1. Increase in Maternity Benefit:
 Paid Maternity leave increased to 26 weeks.
 Leave Prior to expected delivery date - 8 weeks.
2. No increased benefit for third child:
 The increased Maternity Benefit is only available for the first two children.
 A woman having two or more surviving children shall only be entitled to 12
(twelve) weeks of Maternity Benefit of which not more than 6 (six) shall be taken
prior to the date of the expected delivery.
3. Adoption/Surrogacy: A woman who adopts a child below the age of 3 (three)
months, or a commissioning mother will be entitled to Maternity Benefit for a period
of 12 (twelve) weeks from the date the child is handed over to the adopting mother or
the commissioning mother.
4. CRECHE FACILITY: Establishment having 50+ employees mandatory to have
crèche facility. The woman is also to be allowed 4 (four) visits a day to the creche,
which will include the interval for rest allowed to her.
5. Work from home: An employer may allow her to work from home post the period
of Maternity Benefit. The conditions for working from home may be mutually agreed
between the employer and the woman.

3|Page
 6. Prior Intimation: Every establishment will be required to provide woman at the
time of her initial appointment, information about every benefit available under the
Act.
MATERNITY BENEFITS CASH BENEFITS NON CASH BENEFITS
CASH BENEFITS
 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.

NON CASH BENEFITS

 No discharge or dismissal when on maternity leave
 Light work for 10 weeks before delivery.
 No Charge to be made on her in any of the conditions to her Job while on ML
 Two Nursing Breaks until the child will become the (15) fifteen months old.
 No deduction from the Normal and Usual daily wages of a woman entitled to
Maternity Benefit under the provisions of this Act.
 In case the Woman dies during this period, the maternity benefit shall be payable only
for the days up to and including the day of her death.
 Every establishment having 50 or more employees shall have the facility of crèche.
Employer shall allow 4 visit a day to the crèche by the women, which shall also
include the interval for rest allowed to her.

LEGAL OBLIGATION UNDER THIS ACT:

 No employer shall knowingly employ a women in establishment during 6 weeks
following date of her delivery or miscarriage.
 No women shall work in any establishment during the during the 6 weeks
immediately the day following her delivery.
 It shall be unlawful for her employer to discharge or dismiss her on account of such
misconduct.

4|Page
  In case of Gross misconduct, the employee in writing can communicate about
depriving such benefit.
 Writing 60 days from the day of deprivation Of maternity benefit , any women can
appeal to the authority prescribed by law.
Rights, Duty & Penalty of Employer:
 Forfeiture of Maternity Benefit:
 Abstract of Act and rules: An abstract of the provisions of this Act and the rules made
there under in the language or languages of the locality shall be exhibited in a
conspicuous place by the employer in every part of the establishment in which women
are employed.
 Records Management: Every employer shall prepare and maintain such registers,
records and muster-rolls and in such manner as may be prescribed under the
Maternity Act.
 Penalty for contravention of Act:
 Imprisonment which shall not be less than (03) three months but which may extend to
(01) one year and
 Fine which shall not be less than Rs: 2000/-, which may extend to Rs: 5000/-.
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 &
and other benefits to them.
 General: The Maternity Benefits Act, 1961 is a Social Security Legislation. It is an
Act to regulate the employment of women in certain establishments for certain
periods before and after child-birth and to provide for maternity benefit and certain
other benefits. 
 Applicability: Every establishment being a factory, mine or plantation including a
Government establishment. Every shop or establishment employing 10 or more
employees on any day of the preceding 12 months. 
 Eligibility: A woman must have worked in an establishment for a period of at least
eighty days in the past 12 months. 
 Maternity Benefits: Payment of maternity benefit at the rate of the average daily
wage for the period of actual absence immediately preceding the day of her delivery
or actual day of her delivery. A woman can avail 26 weeks of maternity leave. She

5|Page
could avail up to eight weeks leave before and the balance after delivery. A woman
with 2 living children entitled to 12 weeks of maternity leave.  
 Adoption Leave: A woman adopting or commissioning mother of a baby of
less than three months is entitled to twelve weeks leave from the date the baby
is handed over to her.  
 Medical Bonus: A woman is entitled to a medical bonus of ₹3,500/- if pre-
natal confinement and post- natal care is not provided by the employer free of
charge. 
 Notice of Claim: A pregnant woman is required to give notice of claim for
payment of maternity benefits to her employer and intimate the date of her
absence from work. 
 Paternity Leave: Under Central Civil Services Rules, Paternity leave of
fifteen days is allowed to government employees to take care of his wife and
new born child. 
 There is no legal provision for granting Paternity Leave to male employees in
the Private Sector. However, some Private Sector establishments have
extended varying duration of paternity leave. This is more of an exception
than a norm.  
 Leave for miscarriage: A woman is entitled to six weeks of leave in case of
miscarriage. 
 Leave for Tubectomy: A Woman undergoing tubectomy operation is entitled
to two weeks of paid leave after the procedure . 
 Leave for illness: A woman suffering from illness arising out of pregnancy,
delivery, premature birth of child, miscarriage, medical termination of
pregnancy, or tubectomy entitled to one month additional leave with wages. 
 Nursing Breaks: A woman returning to work after delivery entitled to two
nursing breaks in addition to normal interval of rest, until the child is 15
months old 
 Crèche Facility: Establishments with fifty or more employees is to have
crèche facility within prescribed distance. Employer should allow the woman
to visit the crèche four visits a day, including the interval of rest. 

6|Page
  Protections: 

 Employers required to inform woman in writing, upon joining, of available maternity

benefits, eligibility. 
 Eligible women can be permitted to work from home if nature of work permits 
 A woman cannot be dismissed for taking maternity leave and cannot serve a
termination notice on a woman on maternity leave 
 Terms of service cannot be changed to woman’s disadvantage during her maternity
leave 
 Women should not work in any establishment during six weeks immediately after her
delivery, miscarriage or medical termination of pregnancy. 
 Woman on maternity leave entitled to her existing wages before going on such leave  

 Contraventions by the Employer: Employer contravening the provisions of the Act

is liable to be punished with imprisonment of not less than three months but which
may extend to one year and with fine not less than two thousand rupees but
extendable up to five thousand rupees. 
 Labour Reforms: The Central Government, in its endeavor to introduce labour
reforms in the country is planning to merge 44 labour laws and bring out four new
Codes in the areas of wages, social security, industrial safety & welfare, and
industrial relations. 
The Code on Wages, 2019 is the first one to be enacted. It received Presidential assent on
08th August 2019 and has been published in the official Gazette on 23rd August 2019. 
 
The Draft Social Security Code has been circulated for seeking comments and suggestions
from the stake holders and is likely to be enacted soon. 
Remaining two codes will be enacted in due course. 
 
The Maternity Benefits Act 1961 will be subsumed in the Social Security Code and repealed
on enactment of the Social Security Code. However, the provisions of the Maternity Benefits
Act 1961 have largely remained unaltered in the draft Code.

7|Page