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Sunday, January 24, 2016

Guide to "The Maternity Benefit Act,1961"


Object of the Act:

To protect the dignity of motherhood and the dignity of a new person's birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.

Coverage of the Act:
Upon all woman employee directly or through contractor except domestic women employees employed in mines,factories, plantations, and also in other establishments if the State Government so decides.

Therefore, if the State Government so decides Act to women employees in shops and commercial establishments , they also will get the benefit of this Act.     

Conditions for eligibility of benefits:
Women including temporary employee   & Permanent employee  (married Women) are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.

Conditions for claiming benefits:
  • 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 7 weeks before the date of her delivery that she will be absent for 6 weeks before and after her delivery.She should also name the person to whom payment will be made in case she cannot take it herself.
  • She should take the payment for the first 6 weeks before she goes on leave.
  • She will get payment for the 6 weeks after child birth within 48 hours of giving proof that she has had a child.
  • She will be entitled for 2 nursing breaks of 15 minutes each in the course of her daily work till her child is 15 months old.
  • Her employer cannot discharge her or change her conditions of service while she is on maternity leave.




Failure to display Extract of the Act:
Imprisonment may extend to 1 year or fine.