MATERNITY BENEFITS ACT

1961 (WITH AMENDMENT ACT

2017)
PRESENTED BY – JYOTI
ITM –EMBA –KHARGHA
Ref No KHR2018EMBA 13P067
 OBJECTIVE
 To protect the dignity of motherhood by providing complete & healthy care to
women and her child when she is unable to perform her duty due to health condition.

 Maternity Act 1961 gives the assurance that woman’s rights will be looked after
while she is at home to care for her child.

 To regulate the employment of women in certain periods before and after childbirth
and to provide for maternity benefit and certain other benefit
 APPLICABILITY
 The Maternity Benefit Act-1961 extends to whole to 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 BENEFITS
1. Must work in the establishment for 80 days in 12 months before her date of Delivery. (Sec-
2)
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. (Sec-
5)
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.
She should also name the person to whom payment will be made in case she can not take it
herself. (Sec-6)
4. She should take the payment for the first eight weeks before she goes on leave. (Sec-5)
 CASH BENEFITS
 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.
 12 weeks Maternity Benefit to a ‘Commissioning mother’(Commissioning mothers are those
who use surrogates to bear a child.) and ‘Adopting mother’(below three months child).
 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, (this surgery is to prevent the sperm from reaching the egg to fertilize it)
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. (Sec-10)
 Together “26 weeks” leave with average pay (for two surviving children)
 NON-CASH BENEFITS/PRIVILEGE
• 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.
 NON CASH BENEFITS/PRIVILEGE

• Every establishment having 50 or more employees shall have the facility of crèche. (Sec-11)

• 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. (Sec-11) 
 PROHIBITION OF DISMISSAL DURING
ABSENCE OF PREGNANCY

• Discharge or dismissal of a woman employed during or on account of such absence or to give

notice or discharge or dismissal on such a day that the notice will expire during such absence
or to very her disadvantage.
• Discharge or dismissal during or on account of such absence or to give notice of discharge or
dismissal on such a day that the notice will expire during such absence, or to vary to her
disadvantage any of the conditions of her service.
• At the time during her pregnancy, if the woman but for such discharge or dismissal would
have been entitled to maternity benefit or medical bonus, etc.  Not barred in case of
dismissal for cross misconduct.
PAYMENT OF MATERNITY BENEFIT IN CASE
OF DEATH OF A WOMAN

• If a woman entitled to maternity benefit or any other amount under this Act, dies before
receiving such maternity benefit or amount, or where the employer is liable for maternity
benefit, the employer shall pay such benefit or amount to the person nominated by the
woman in the notice given under section 6 and in case there is no such nominee, to her legal
representative. (Sec-7)
 OTHER IMPORTANT PROVISIONS OF
MATERNITY BENEFIT ACT, 1961

• If permitted by her employer to absent herself under the provisions of section 6 for any
period during such authorized absence, she shall forfeit her claim to the maternity benefit for
such period.
• 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 find, but not exceeding Rs.5,000.

• Failure to Display Extract of Act - Imprisonment may extend to one year or fine.
 PAYMENT OF MATERNITY BENEFIT IN
CASE OF DEATH OF A WOMAN
• If a woman entitled to maternity benefit or any other amount under this Act, dies before
receiving such maternity benefit or amount, or where the employer is liable for maternity
benefit, the employer shall pay such benefit or amount to the person nominated by the
woman in the notice given under section 6 and in case there is no such nominee, to her legal
representative. (Sec-7)
BEST KNOWN INDIAN COMPANIES WITH THE
BEST MATERNITY POLICIES FOR EXPECTANT
AND NEW MOTHERS

• Citibank • Pricewater House Coopers

• HSBC India • ICICI
• InMobi • Microsoft –INDIA
• Bankbazaar.com • SBI
• AIRTEL
THANK YOU.