Excel Business School,Komarapalyam
The Maternity Benefit Act, 1961
Applicability to every factory or establishment in which 10 or more persons
are or were employed on any day of the preceding twelve months.
Eligibility for Maternity Benefit: Has to work for 80 days in the preceding 12
months immediately preceding the date of her expected delivery.
Eligible for 12 weeks maternity benefit of which not more than six weeks shall
precede the date of her expected delivery.
Maternity benefit is paid at the rate of the average daily wage for the period of
her actual absence. The average daily wage means the average of the woman’s
wages payable to her for the days on which she has worked during the period of
three calendar months immediately preceding the date from which she absents
Wages includes allr emuneration including cash allowances, D.a., HRA,
Incentive bonus and the money value of any concessional value of food grains
supplied but does not include any bonus other than incentive bonus, OT,gratuity,
NO employer shall knowingly employ a woman in any establishment during the
six weeks immediately following the day of the delivery miscarriage or medical
termination of pregnancy(MTP): No woman shall work in any establishment
• Other provisions in the Act:
Where the woman dies during the period, maternity benefit shall be payable
only for the days up to and including the day of her death
Where a woman has delivered a child and dies during her delivery or during
the period immediately following the date of her delivery for which she is
entitled for the maternity benefit, leaving behind in either case the child, the
employer shall be liable for the maternity benefit for that entire period but if
the child also dies during the said period, then for the days upto and including
the date of the death of the Child.
Medical bonus of Rs. 250 if no prenatal confinement and psot natal care is
provided by employer free of charge.
6 weeks leave with wages for tubectomy and two weks immediately following
the day of an tubectomy.
One months leave with wages at the rate of maternity benefit for one month
for miscarriage, MTP or tubectomy operation.
Nursing breaks – Two times in the course of daily work till the child attains
Prohibition from dismissal for absence during pregnancy. However, for
Misconducts, forfeiting of Maternity Benefit and Medical bonus permissible.