Maternity Benefit Act 1961

Applicability:
1. To every shop or establishment wherein 10 or more persons are employed or were
employed on any day of the preceding 12 months.
2. However, the Act does not apply to any such factory/other establishment to which the
provisions of the Employees State Insurance Act are applicable for the time being.
Who is entitled to Maternity Benefit?
1. Every woman employee, whether employed directly or through a contractor, who has
actually worked in the establishment for a period of at least 80 days during the 12 months
immediately preceding the date of her expected delivery, is entitled to receive maternity
benefit.
2. Should intimate the employer seven weeks before her delivery date about the leave
period.
Cash Benefit:
1. The maximum period for which any woman shall be entitled to maternity benefit shall be 12
weeks in all (84 Days) whether taken before or after childbirth. However she cannot take
more than six weeks before her expected delivery. (Six week before and six week after
delivery)
2. She will get pay of six weeks after child birth on request (within 48 hrs )
Other Benefits:
A) Leave for miscarriage and illness:
In case of miscarriage or medical termination of pregnancy, a woman shall, on production of
the prescribed proof, be entitled to leave with wages at the rate of maternity benefit, for a
period of 6 weeks immediately following the day of her miscarriage or medical termination
of pregnancy.
B) Leave for tubectomy operation :
In case of tubectomy operation, a woman shall, on production of prescribed proof, be entitled
to leave with wages at the rate of maternity benefit for a period of two weeks immediately
following the day of operation.
C) Leave for illness

Leave for a maximum period of one month with wages at the rate of maternity benefit are
allowable in case of illness arising out of pregnancy, delivery, premature birth of child,
miscarriage or medical termination of pregnancy or tubectomy operation.
D) Medical bonus :
Every woman entitled to maternity benefit shall also be allowed a medical bonus of Rs.
3500/-, if no pre-natal confinement and post-natal care is provided for by the employer free
of charge.
Non Cash Benefits
1. Light work for 10 weeks (6 weeks plus 1 month) before delivery.
2. 2 Nursing breaks of 15 Minutes until the child is 15 months old.
3. No discharge or dismissal while on maternity leave.
4. No charge to her disadvantage in any conditions of her employment while on maternity
leave.
5. Pregnant women discharged or dismissed may still claim maternity benefit from
employer.
Duties of Employers:
Important obligations of employers under the Act are:
1. To pay maternity benefit and/or medical bonus and allow maternity leave and nursing
breaks to the woman employees, in accordance with the provisions of the Act.
2. Not to engage pregnant women in contravention of section 4 and not to dismiss or
discharge a pregnant woman employee during the period of maternity leave.