The Maternity
Benefits Act,
1961
By
[Link]
Objective
Maternity Leave and benefit
To protect the dignity of Motherhood by providing
complete & healthy care to women and her child
when she is unable to perform her duty due to health
condition.
Maternity Act 1961 : Gives her the assurance that
her rights will be looked after while she is at home to
care for her child.
Applicability
The Act extends to whole to India.
Every factory, mine or plantation (including those
belonging to Government) and to every shop or
establishment wherein 10 or more persons are
employed on any day preceding 12 months.
Eligible for Maternity Benefit?
Must work in the establishment for 80 days in 12
months before her date of Delivery.
Women earning less than 15,000 may be offered ESI
scheme by her employer and will not be eligible for
maternity benefit and but will receive the maternity
benefit under ESI scheme.
Duties of Employee for Maternity
Benefit
Ten weeks before the expected delivery date she may
ask employer to give her light work.[Produce
certificate of pregnancy]
Should intimate the employer Seven Weeks before
her delivery date about the leave period.
Name the person to whom the payment will be made
in case she cannot take herself.
Municipal Corpn. Of Delhi vs.
Female Workers (2000)SCC224
Union of Female Workers who were not on regular
rolls, but were treated as temporary workers and
employed on Muster roll, claimed that they should
also get maternity benefit like regular workers.
Held: Provisions of the Act entitle maternity leave
even to women engaged on casual basis or on muster
roll basis on daily wages and not only those in regular
employment, are wholly in consonance with the
Directive Principles of State Policy contained in Art.
19, 42 and 43 of the Constitution of India.
Cash Benefits
84 Days Leave with pay before/after delivery.
A medical bonus of Rs. 1,000/-
Take the pay for 6 weeks after/before child birth within
48 hrs of request
An additional leave with pay up to one month
[Proof of illness]
In case of miscarriage Six weeks leave with average
pay.
Tubectomy operation : Leave with wages @ of
maternity benefit for a period of 2 weeks.
Non Cash Benefits
Light work for 10 weeks (6 weeks plus 1 month)
before delivery.
2 Nursing breaks of 15 Minutes until the child is 15
months old.
No discharge or dismissal while on maternity leave.
No charge to her disadvantage in any conditions of
her employment while on maternity leave.
Pregnant women discharged or dismissed may still
claim maternity benefit from employer.
Legal Obligation under
Maternity Act
No employer can unknowingly employ a woman in
establishment during 6 weeks following date of
delivery or miscarriage.
No woman shall work in any establishment during
the 6 weeks immediately the day following her
delivery.
Shall be Unlawful for her employer to discharge or
dismiss her on account of such absence.
In case of Gross misconduct the employer in writing
can communicate about depriving such benefit.
Within 60 days from date of deprivation of maternity
benefit, any Women can appeal to the authority
prescribed by law.
Duties and Penalty for Employer
Record Management: Every employer need to
prepare records or registers.
Penalty for Contravention of Act
Imprisonment with minimum period of 3 months to
maximum 01 year.
Fine from Rupees Two Thousand to Rupees Five
Thousand.
Sacked while pregnant,
lady sues company[2012 case]
Indrani filed a criminal case against company for
violating the Maternity Benefit Act, 1961, which
forbids an employer from terminating the services of
a pregnant woman unless there are complaints of
"gross misconduct" against her.
On July 26, Indrani won Rs 7.5 lakh as settlement
money from the company on orders from Delhi High
Court.
