MATERNITY BENEFIT ACT

1961
 APPLICABILITY OF THE
ACT

SHOP OR
EQUESTRIAN, ESTABLISHMENT
FACTORY, MINE, GOVT.
ACROBATIC, OTHER WHERE 10 OR MORE
PLANTATION ESTABLISHMENTS
PERFORMANCES PERSONS ARE

INTRODUCTI
EMPLOYED

ON

 Female wage earners

 State govt. with approval of Central govt. – giving not less than 2
months – apply to other establishments
  During 6 weeks immediately following day of delivery/
PROHIBITION ON miscarriage/ medical termination
EMPLOYMENT
 No work of arduous nature / involving long hours of standing/
SECTION 4 MB adverse effect on health
ACT/ SECTION 59
 Even on request – she shall not be given such work
CODE ON SS
  Maternity benefit at the rate of average daily wage
 Average daily wage – average of wages payable to her for days
on which she has worked during the period of 3 months

BENEFITS immediately preceding the date from which she absents herself
 Eligibility – worked for not less than 80 days – including lay-
off and holidays
  Maximum period of benefit – 26 weeks – of which not more
than 8 weeks preceding date of her expected delivery
 Woman with 2 or more surviving children – maximum 12
weeks - of which not more than 6 weeks preceding date of her
expected delivery
 Woman legally adopting a child below 3 months or is a
commissioning mother – 12 weeks from the date on which
BENEFITS child is handed over
 In case where the nature of work assigned to a woman is of
such nature that she may work from home, the employer may
allow her to do so after availing of the maternity benefit for
such period and on such conditions as the employer and the
woman may mutually agree.
 MUNICIPAL  Supreme Court held – there is no justification for denying
CORPORATIONOF benefits of MB Act to casual workers or workers employed on
DELHI v FEMALE daily wage basis. A woman employee at the time of advanced
WORKERS pregnancy cannot be compelled to undertake hard labour
(MUSTER ROLL) detrimental to her health as well as that of the foetus.
2000 SCC(L&S) 331
  Give notice in writing
 She will not work in any other establishment during the benefit
NOTICE OF CLAIM period
AND PAYMENT  Specify the date from which she will remain absent – not being
SECTION 6 MB earlier than 6 weeks [8 weeks] from expected date of delivery
ACT/ SECTION 62  Failure to give notice under this section shall not disentitle a
CODE ON SS woman to maternity benefit or any other amount
 AMOUNT

AMOUNT OF
MATERNITY PAID IN ADVANCE AMOUNT DUE –
FOR PERIOD PAID WITHIN 48
BENEFIT PRECEDING HOURS OF
DELIVERY DELIVERY
  Medical bonus – Rs.1000/- [3500/- or such amount as notified
MEDICAL BONUS by Central govt.], if no pre-natal confinement and post-natal
SECTION 8 MB care is provided for by the employer free of charge.
ACT/ SECTION 64  Central govt. – may increase the medical bonus – before
CODE ON SS completion of every 3 years – to maximum of Rs.20,000/-
 LEAVE

MISCARRIAGE /
ILLNESS ARISING
MEDICAL TUBECTOMY
LEAVE TERMINATION OF
PREGNANCY
OPERATION
OUT OF
PREGNANCY, ETC.

6 WEEKS 2 WEEKS
MAXIMUM
IMMEDIATELY IMMEDIATELY
PERIOD OF 1
FOLLOWNG SUCH FOLLOWING DAY
MONTH
DATE OF OPERATION
  Nursing breaks – in addition to the interval for rest allowed to her, be
allowed in the course of her daily work two breaks of such duration as
may be prescribed by the Central Government, for nursing the child
until the child attains the age of fifteen months.
 Establishment with 50 or more employees – creche facility
 4 visits a day to the creche

ADDITIONAL
 An establishment may avail common crèche facility of the Central
Government, State Government, municipality or private entity or

BENEFITS provided by non-Governmental organization or by any other

organization or group of establishments who may pool their resources
for setting up of common crèche in the manner as they may agree for
such purpose.
 No deduction from wages
 Prohibition on discharge and dismissal
 Right to appeal
  If a woman works in any establishment after she has been
FORFEITURE permitted by employer to absent herself from work – amounts
SECTION 18 to forfeiture of her claim
NEW PROVISION:  An abstract of the provisions of this Chapter and the rules
DUTIES OF relating thereto in the language or languages of the locality
shall be exhibited in a conspicuous place by the employer in
EMPLOYER every part of the establishment in which women are employed.
SECTION 71