The Maternity Benefit Act of 1961 aims to regulate the employment of women in certain establishments before and after childbirth and provide maternity benefits. Key provisions include providing up to 26 weeks of paid maternity leave (12 weeks if the woman has two or more children), cash benefits equal to average daily wages during leave, and prohibiting dismissal or discharge during leave. Applicable to all establishments, it aims to protect motherhood and women's rights during childcare. Major amendments in 2017 increased leave duration and mandated creches in large establishments.

1. THE MATERNITY BENEFIT
ACT,1961

2. INTRODUCTION
THE MATERNITY BENEFIT ACT,1961
 ACT NO.53 OF 1961
 12TH DEC, 1961
“AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN IN CERTAIN ESTABLISHMENTS
FOR CERTAIN PERIODS BEFORE AND AFTER CHILD-BIRTH AND TO PROVIDE FOR
MATERNITY BENEFIT AND CERTAIN OTHER BENEFITS”

3. OBJECTIVE
TO PROTECT THE DIGNITY OF MOTHERHOOD BY PROVIDING COMPLETE AND
HEALTHY CARE TO WOMEN AND HER CHILD WHEN SHE IS UNABLE TO PERFORM
HER DUTY
TO GIVE THE ASSURANCE THAT HER RIGHTS WILL BE LOOKED AFTER WHILE
SHE SO AT HOME TO TAKE CARE FOR HER CHILD

4. APPLICABILITY
 THE ACT EXTENDS TO WHOLE OF INDIA.
 IT APPLIES TO EVERY ESTABLISHMENT BE IN A FACTORY, MINE OR PLANTATION INCLUDING THOSE
BELONGING TO GOVERNMENT.
 IT APPLIES TO EVERY ESTABLISHMENT WHEREIN PERSONS ARE EMPLOYED FOR EXHIBITION OF
EQUESTRIAN, ACROBATICS AND OTHER PERFORMANCES.
 IT ALSO APPLIES TO EVERY SHOP OR ESTABLISHMENT IN WHICH 10 OR MORE PERSONS ARE OR
WERE EMPLOYED ON ANY DAY OF THE PRECEDING 12MONTHS.
 THE ACT IS NOT APPLICABLE ON ANY FACTORY OR OTHER ESTABLISHMENT TO WHICH THE
PROVISION OF EMPLOYEE STATE INSURANCE ACT,1948 APPLY.
 THIS ACT IS NOT APPLICABLE ON ANY FACTORY OR ANY OTHER ESTABLISHMENT TO WHICH THE
PROVISION OF ESI APPLY.(EXCEPT- WOMEN EMPLOYEE-WAGES EXCEEDS RS.21,000OF ESI ACT
WAGE LIMIT)

5. Who is eligible?
Everywomanshall be entitled to maternity benefits by her employer andthe payment at the rate of
averagedaily wagesfor the period of her actual absence
Womanwho hasworked in any establishmentfor a period not lessthan 80 daysin the 12 months
immediately precedingthe date of her expected delivery.
Womenearning lessthan 21,000 may be offered ESIscheme by her employer andwill not beentitled for
maternity benefit.
Womenfalling under section 5Aare exceptionand by under section 5(2)they are entitles for maternity benefits if she has
worked for the period of seventydaysin twelve months immediately precedingthe dateof her expecteddelivery

6. What should be done by employee?
 She should give notice in writing in the prescribed form that her maternity benefits
may be paid to her or to her nominee.
 She should notify that she will not work in any establishment during the period for
which she receives maternity benefit.
 She has to inform about her absence from work from the date which shall not be
earlier than 6 weeks before the date of her expected delivery
 The notice may be given during the pregnancy or as soon as possible, after the
delivery.

7. Cash Benefits
Payment of maternity benefits in case of death of a woman:
The amount of benefits shall be given to person nominated by the woman and in case
there is no such nominee, to her legal representative.
Payment of medical bonus:
The medical bonus of three thousand and five hundred rupee is to be given by woman’s
employer(Dec 2011)
Leave for miscarriage etc:
The woman after producing the proof is entitled to leave with wages at the rate of
maternity benefit, for a period of six weeks immediately following the day of her
miscarriage.

8. • Leave with wages for tubectomy operation:
In this case the women after producingthe proof is entitled to leave with wages at the
rate of maternity benefit for a period of two weeks immediatelyfollowingthe day of her
tubectomy operation.
• Leaverfor illnessarising out of pregnancy,delivery,premature birth of child,[miscarriage,
medicalterminationof pregnancy or tubectomy operation]:
In this case after producingproof, she will be entitled in additionto the period of absence
allowed,to leave with wages at the rate of maternity benefit for maximumperiod of one
month.

9. Leave with
average pay for 8
weeks before
delivery
Leave with
average pay for
18 weeks after
the delivery
Total “26 weeks”
leave with
average pay (for
2 surviving
children)
• Leave with average pay for more than 2 children
• For “commissioning mother” and “adopting mother” (below three months
child)
26weeks
• In case of miscarriage, with average pay from the date of miscarriage.
6weeks
• In caseof tubectomy, leavewith wages from the date of tubectomy
2weeks
• If the woman shows proof of illness due to the pregnancy, delivery,
miscarriage, or premature birth.
Extra4 weeks

10. Non – cash benefits
 Nursing breaks:
She will be entitled in addition to the interval for rest allowed to her, be allowed two breaks of
prescribed duration for nursing the child until the child attains the ages of fifteen months.
No discharge or dismiss while on maternity leave.
No deduction of wages in case of breaks for nursing the child.
Light work for 10 weeks(6 weeks plus 1 month) before delivery.

11. Duties and penalty
for employer
• Record management:
Every employer need to prepare and maintain register, records and
muster-rolls as may be prescribed.
• Filing of Annual Return
The employer of every establishment shall on or before the 31st day
of January every year submit to the Inspector returns in specified
Form11, giving information as to the particulars specified in respect
of the preceding year.
• Penalty for contravention of act by employer:
If any employer fails to pay any amount of maternity benefit or
discharges or dismisses the woman who is entitled under this act, he
shall be punishable with
• imprisonment up to 1 year
• The minimum being 3 months and Rs.2000 respectively &
• fine up to Rs.5000

12. Key Highlight Of Amendment in 2017
 Increase in Maternity Benefit:
- Paid Maternity Leave Increased to 26 Weeks
 Leave Prior to Expected delivery date- 8 weeks
 Leave After delivery- 18 Weeks
 A woman having 2 or more surviving children shall only be entitled to 12 weeks of
maternity benefit.
 Creche Facility:
- Establishment having >50 employees mandatory to have creche facility.

13. Thank you