No employer to employ women for six weeks post-delivery, misca
(1) Employment Restrictions
rriage, or medical termination.
Women prohibited from working for six weeks post-delivery, misc
(2) Work Restrictions
arriage, or medical termination.
Arduous work
(3) Pregnant Women's Work Limitations No pregnant woman required to perform: Long hours of standing
Work affecting pregnancy or fetal development
(a) One month before expected delivery
(4) Relevant Periods
(b) Six weeks post-delivery if no leave taken under section 62
Strenuous effort
Explanation "Arduous nature" defined as:
Difficult and tiring work
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Every woman entitled to maternity benefit from her employer.
Rate: Average daily wage for actual absence period (before and af
Maternity Benefit ter delivery).
Average daily wage calculated over the three months prior to mat
<
ernity leave.
Must have worked at least 80 days in the 12 months before expect
ed delivery.
Wo� Reqoi,emeot
Includes days worked, laid off, or paid holidays.
Section 60: Right to Payment of Maternity Up to 26 weeks, with a maximum of 8 weeks before delivery.
Benefit For women with 2+ surviving children: 12 weeks, with a maximum
of 6 weeks before delivery.
Maximum Period
Benefit payable until the day of death if the woman dies during th
e benefit period.
If a child dies during the benefit period, payment continues until t
he child's death.
Women legally adopting a child under 3 months entitled to 12 we
Adoption Benefit ---
eks of maternity benefit from the handover date.
Employers may allow women to work from home after maternity
Remote Work Option
benefit, based on mutual agreement.
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Every woman entitled to maternity benefit under this Chapter.
Entitlement Maternity Benefit
Continuation of entitlement regardless of Chapter IV application t
Section 61: Continuance of Payment of o the establishment.
Maternity Benefit in Certain Cases
Entitlement continues until the woman qualifies to claim maternit
Qualification Transition to Section 32
y benefit under Section 32.
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Woman entitled to maternity benefit must give written notice to
her employer.
Notice should state the amount of maternity benefit and any othe
r entitlement.
Written Notice
Can nominate a person to receive the payment.
Must declare she will not work during the maternity benefit perio
d.
Notice must state the date of absence, not earlier than 8 weeks be
Pregnant Women ---
fore expected delivery.
Women may give notice as soon as possible after delivery if not pr
Post-Delivery Notice ---
ovided earlier.
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Employers must allow absence during the maternity benefit perio
Absence Permission ---
d upon receiving notice.
Amount for the period before expected delivery paid in advance u
pan proof of pregnancy.
Afoace Paymeat
Amount for the period after delivery paid within 48 hours of proo
f of delivery.
Failure to give notice does not disqualify a woman from receiving
/ maternity benefit.
No D1squal1f1cat1on
'\,_
An lnspector-cum-Facil1tator can order payment 1f necessary
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If a woman entitled to maternity benefit dies before receiving it, t
Entitlement After Death Maternity Benefit Payment
he employer must pay the benefit.
Section 63: of Maternity Benefit in Case of
Payment goes to the person nominated by the woman in her notic
Nominated Person
Death of a Woman e under Section 62.
Nomination for Payment
1
If no nominee exists, payment is made to the woman s legal repre
No Nominee
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sentative.
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Every woman entitled to maternity benefit is also entitled to a me
Entitlement Medical Bonus
dical bonus.
Section 64: Payment of Medical Bonus -
Fixed at three thousand five hundred rupees (or an amount notifie
Amount Bonus Amount
d by the Central Government).
. -
Medical bonus is applicable if no pre-natal and post-natal care is p
, .Conditions for Bonus Care Provision
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rovided by the employer free of charge.
- - - --
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Woman entitled to leave with wages at maternity benefit rate.
Miscarriage or Medical Termination Entitlement Duration: Six weeks following miscarriage or medical termination.
Proof required as prescribed by the Central Government.
Woman entitled to leave with wages at maternity benefit rate.
Tubectomy Operation Entitlement Duration: Two weeks following tubectomy operation.
Section 65: Leave for Miscarriage, etc. �
Proof required as prescribed by the Central Government.
Woman suffering from pregnancy-related illnesses entitled to add
itional leave.
Illness Related to Pregnancy Additional Leave Duration: Maximum of one month, in addition to leave allowed u
nder Section 62 or subsection (1 ).
Proof required as prescribed by the Central Government.
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Every woman who has delivered a child and returns to duty is enti
Entitlement Nursing Breaks
tied to nursing breaks.
Two breaks during daily work for nursing.
Section 66: Nursing Breaks - Duration and Frequency Breaks Allowed
Duration of breaks as prescribed by the Central Government.
Nursing breaks are allowed until the child attains the age of fiftee
Age Limit Child Age
n months.
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Every establishment with fifty or more employees (or as prescribe
Applicability
d by the Central Government) must have a creche facility.
Creche should be within a prescribed distance, either separately or
Location
with common facilities.
Women are allowed four visits a day to the creche.
Visit Allowance
Visits include intervals of rest allowed to the woman.
Establishments may use common creche facilities provided by vari
ous governmental or non-governmental organizations.
Options for Establishments
Collaboration among establishments to pool resources for a com
mon creche is permitted.
Establishments must inform every woman in writing and electroni
Communication of Benefits Notification Requirement cally about benefits available under this Chapter at the time of her
initial appointment.
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Employers cannot discharge or dismiss a woman for absences in a
ccordance with this Chapter.
It is unlawful to give notice of discharge that expires during her a
Protection Against Dismissal Unlawful Actions
bsence.
Employers cannot vary any service conditions to her disadvantage
during this time.
Section 68: Dismissal for Absence During Discharge during pregnancy does not deprive her of maternity be
Entitlement During Dismissal
Pregnancy nefit or medical bonus if she would have been entitled.
Maternity Benefit and Medical Bonus
If dismissal is for gross misconduct (as defined by the Central Gov
Gross Misconduct Exception
ernment), the employer can deprive her of benefits.
Women deprived of benefits or dismissed can appeal within sixty
days of being notified.
Appeal Process Right to Appeal
The decision of the competent authority on the appeal is final reg
arding deprivation of benefits or dismissal.
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No deduction from the daily wages of a woman entitled to matern
Wage Protection Entitlement
ity benefit.
Section 69: No Deduction of Wages in
Deductions cannot be made due to the nature of work assigned u
Nature of Work
Certain Cases nder Section 59.
Reasons for No Deduction
Deductions cannot be made for breaks taken for nursing the child
Nursing Breaks
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as per Section 66.
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A woman who works for remuneration during her permitted abse
Section 70: Forfeiture of Maternity Benefit Entitlement Conditions Working During Absence nee to avail maternity benefits will forfeit her entitlement to mate
rnity benefit for that period.
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Employers must exhibit an abstract of the provisions and related r
ules of this Chapter.
Information Display Abstract of Provisions
The abstract should be in the language(s) of the locality.
Section 71: Duties of Employer
The abstract must be displayed in a conspicuous place within ever
Location of Display Conspicuous Place
y part of the establishment where women are employed.
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Women claiming maternity benefits or amounts improperly withh
eld.
Complaints Eligibi I ity to Complain
Individuals claiming wrongful discharge or dismissal during absen
ce.
Upon receiving a complaint, may conduct or cause an inquiry.
Action by Inspector-cum-Facilitator If satisfied that payment was wrongfully withheld: Direct payment to be made in writing.
If a woman was discharged or dismissed: Pass orders deemed just and proper.
Aggrieved persons can appeal within thirty days of the order bein
g communicated.
Right to Appeal
Appeal to the authority prescribed by the appropriate Governmen
t.
The authority's decision on appeal or the lnspector-cum-Facilitato
Finality of Decision Final Decisions
r's decision (if no appea I) is final.
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