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Understanding the Maternity Benefit Act, 1961: Rights and Provisions for Working Women in India

The Maternity Benefit Act, 1961 is a landmark legislation in India aimed at protecting the employment and health of women during pregnancy and after childbirth. It ensures that women are not disadvantaged in their workplaces due to maternity and provides them with financial and medical support. Here’s a comprehensive overview of the key provisions and benefits under this Act.


Key Provisions of the Maternity Benefit Act, 1961


1. Applicability


The Act applies to:


  • Factories, mines, plantations, and establishments employing 10 or more people.

  • Shops and commercial establishments under state-specific laws.

  • Women working in circuses or equestrian/acrobatic performances.


Note: Establishments covered under the Employees’ State Insurance Act (ESI) are exempt unless specified otherwise.


2. Eligibility Criteria


A woman is entitled to maternity benefits if:


  • She has worked for at least 80 days in the 12 months preceding her expected delivery date.

  • The benefit extends to adoptive mothers (child below 3 months) and commissioning mothers (surrogacy cases).


3. Maternity Leave Entitlement


  • Duration:


    • 26 weeks (up to 8 weeks before delivery) for the first two children.

    • 12 weeks (up to 6 weeks before delivery) for the third child onwards.

    • 12 weeks for adoptive/commissioning mothers from the date of child handover.


  • Miscarriage/Tubectomy:


    • 6 weeks paid leave for miscarriage or medical termination of pregnancy.

    • 2 weeks leave for tubectomy operations.


  • Additional Leave: Up to 1 month for pregnancy-related illnesses.


4. Financial Benefits


  • Maternity Benefit:


    • Paid at the average daily wage for the period of absence.

    • The wage calculation includes allowances but excludes bonuses, overtime, or gratuity.


  • Medical Bonus:


    • ₹1,000 (subject to periodic revision, capped at ₹20,000) if no prenatal/postnatal care is provided by the employer.


5. Workplace Protections


  • No Dismissal: Employers cannot fire or penalize a woman for availing maternity leave.

  • Light Work: Pregnant women can request lighter duties 1 month before delivery and during maternity leave.

  • Nursing Breaks:


    • Two daily breaks for nursing until the child is 15 months old.


  • Crèche Facility:


    • Mandatory for establishments with 50+ employees; women allowed 4 daily visits.


6. Employer Obligations


  • Payment: Maternity benefit must be paid in advance before delivery and within 48 hours post-delivery.

  • Record-Keeping: Employers must maintain registers and display the Act’s provisions prominently.

  • Non-Discrimination: No wage deductions or unfavorable changes in employment terms.


7. Penalties for Violations


  • Non-Payment/Dismissal:


    • Imprisonment (3 months–1 year) + fine (₹2,000–₹5,000).


  • Other Contraventions:


    • Fine up to ₹5,000 or imprisonment up to 1 year.


Conclusion


The Maternity Benefit Act, 1961 is a progressive law that safeguards the rights of working mothers, ensuring they can balance work and motherhood without financial or professional setbacks. Employers must comply with these provisions, and women should be aware of their entitlements to claim benefits rightfully.


For further details, refer to the official Act or consult a legal expert.


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