THE MATERNITY BENEFIT ACT, 1961.

OBJECT: To protect the dignity of motherhood and to achieve the object of doing social justice to women workers (1) To provide for maternity benefit to women employees; and (2) to regulate the employment of women for certain periods before and after childbirth. The ESI Act, 1948, though provided for maternity benefits but the Act did not cover all women workers. This Act covers all women employees not covered by the ESI Act. The Act applies to all establishments in which 10 or more persons are employed or were employed on any day in the preceding 12 months. The Act does not apply to any factory or establishment to which the ESI Act is applicable.

Restriction on employment of women: Sec. 4

Employer is prohibited from knowingly employing a woman during six the weeks

immediately following the day of her delivery, miscarriage, or medical termination of pregnancy. A woman also on her part shall not work during the period of six weeks as above. A pregnant woman can request the employer not to give her any work which is of arduous nature or which involves long hours of standing, likely to interfere with the pregnancy or the normal development of the foetus or is likely to cause miscarriage or otherwise adversely affect her health, during the period of one month immediately preceding the period of six weeks, before the date of her expected delivery or during the six weeks period for which the pregnant woman though entitled, does not avail the leave of absence. On such a request, the employer shall not give her such work during the period as above.

Right to payment of maternity benefit: Sec. 5 and 18:

Maximum period a woman is entitled to maternity benefit shall be 12 weeks of

which up to 6 weeks shall be before the date of her expected delivery. A woman shall not be entitled to MB unless she has actually worked in the establishment for a period of not less than 80 days in the 12 months immediately preceding the date of her expected date of delivery. When calculating the number of days a woman has actually worked, the days of lay-off or leave with wages shall be included. A woman shall be entitled to the payment of MB at the rate of average daily wage for the period of her actual absence (maximum 12 weeks). The average daily wage means average of the last 3 calendar months immediately preceding the date from which she goes on leave on account of maternity.

Right to payment of maternity benefit: Sec. 5 and 18:

A woman, who goes on maternity leave, but she works in any other

establishment during the period of such leave, shall forfeit her claim to MB for such period. If 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. If the woman, having delivered a child, dies during the period for which she is entitled for the maternity benefit, leaving behind the child, the employer shall pay the maternity benefit for the entire period. If the child also dies during the said period, then the payment shall be made up to the date of the death of the child.

Benefits:
Medical Bonus: Sec. 8 Rule 5: A woman who is entitled to MB shall also be

entitled to receive from the employer a medical bonus of Rs. 3,500/- if the employer provides for no pre-natal confinement and post-natal care free of charge. Medical bonus shall be paid along with the second installment of the MB. Leave for illness concerning childbirth: sec. 10: A woman suffering from illness arising out of pregnancy, delivery, premature childbirth, miscarriage, medical termination of pregnancy or tubectomy operation shall be entitled to an additional leave with wages at the rate of MB for a maximum period of one month. Nursing Breaks: Sec. 11: A woman who returns to duty after delivery shall be allowed two additional breaks for nursing the child until the child attains age of 15 months Leave for Tubectomy operation: Sec. 9-A: A woman who undergoes the operation shall, on production of the required proof, be entitled to leave with wages at the rate of MB for a period of two weeks following the day of her operation.

Cash Benefits under the Act:

Leave with average pay for maximum six weeks before the expected date of

delivery. Leave with average pay for total twelve weeks including the period of leave before the actual delivery. A medical bonus of Rs. 3,500/-. An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage or premature child birth. In case of miscarriage or medical termination of pregnancy, six weeks leave with average pay from the date of such happening. Two weeks of leave with average pay in case the woman under-goes the tubectomy operation.

Non-Cash Benefits & Privileges:

Light work for ten weeks (six weeks prior to the expected date of delivery plus one

month before that period), if the woman asks for it.

Two additional nursing breaks in the course of her daily work until the child is 15

months of age.
No discharge or dismissal while the woman is on maternity leave.
No change to her disadvantage in any of the conditions of employment while the

woman is on maternity leave.

Penalty for contravention by the employer: Sec. 21:

Employer who fails to pay MB, or discharges or dismisses a woman during her

maternity leave, he shall be punishable with imprisonment of minimum 3 months, maximum up to one year, and fine of not less than Rs. 2000/- but maximum up to Rs. 5000/-. If there are sufficient reasons, the court may impose a sentence of lesser term or fine only in lieu of imprisonment.
Any other contravention imprisonment up to one year; fine up to Rs. 5000/- or

both.

Cognizance of an offence: Sec. 23:

An aggrieved woman, an office-bearer of a registered trade union of which the

woman is a member or a registered voluntary organization or an Inspector may file a complaint regarding the commission of an offence under the Act.
No complaint shall be filed after the expiry of one year from the date of the

alleged offence.
No court inferior to the court of Metropolitan Magistrate or a Magistrate of

the First Class shall try an offence under this Act.