MATERNITY BENEFIT ACT, 1961 

Historical Background

• M.JOSHI made an effort to introduce maternity benefit in the assembly in the year of 1924

• The maternity benefit was to be raised by local government, employers

• The bill was rejected in the assembly as they thought time was not ripe to introduce it

• Bombay province introduced the legislation first and other states followed

Introduction

• Maternity disables a woman worker from undertaking any work during few weeks before and after child birth
• Many employers used to terminate the services of women workers because of the same reason
• Hence to protect women workers from termination , a legislation was required

SCOPE

• The act applies to every establishment of factory, mine, plantation, shop and establishment
• However with the approval of central government, state government may extend the act to industrial, commercial, agricultural sectors

Qualifying Conditions

• A woman is entitled to maternity benefit if she has actually worked in the establishment for not less than 70 days in the 12 months before her expected date of delivery
• The qualifying period doesn‘t apply for migrant who is pregnant at the time of migrating/joining

Rate and duration of maternity benefit

• At the rate of daily wages for the period of her absence
• The period of absence is 12 weeks
• 6 weeks before the delivery and 6 weeks after the delivery
• When a woman dies during the period, benefit is payable upto the date of her death
• When a woman dies during the child birth or immediately after the child birth, benefit is payable for the entire period
• If the child also dies during the period, benefit is payable upto the day of death

Benefit in certain cases

• Every woman is entitled to the benefit even in factories where ESI act is applicable until she becomes qualified to claim maternity benefit under ESI act

Medical Bonus 

• Every woman is entitled to the benefit is also entitled to receive a medical bonus of rs 250 if no pre-natal and post-natal care is provided by the employer free of charge

Claim and payment of maternity benefit 

• A woman has to fill the application by mentioning all the details , and nominates a person to receive the benefit during her absence before 6 weeks of the expected date of delivery
• If she fails to give the notice before, she can give the notice after the delivery also

• The amount should be paid in advance

Restriction on employment of women during certain periods 

• The act prohibits woman employing/working 6 weeks before the expected date of delivery
• And 6 weeks after the delivery, miscarriage, medical termination of pregnancy

Forfeiture of maternity benefit 

• If any woman works in any other establishment after availing maternity benefit leave , she forfeits her claim to the benefit

Other provisions

• Leave for miscarriage
• Leave for illness due to pregnancy, delivery and others
• Nursing breaks
• Dismissal during absence of pregnancy
• Deduction of wages is not allowed for nursing breaks
• Inspectors
• Notice display
• Cognizance of offence and others

Leave for miscarriage

• Miscarriage, medical termination of pregnancy(MTP)
• A woman can avail the facility following the day of miscarriage or MTP
• Facility is 6 weeks paid leave
• Proof is required by an authorized doctor 

Leave for illness due to pregnancy, delivery and others

• Suffering from illness arising out of pregnancy, delivery, premature birth of a child, miscarriage , MTP or tubectomy operation
• Can avail a leave of 1 month in addition to the period allowed
• Proof is required by an authorized doctor

Nursing breaks

• Every woman who returns to a duty after delivery is to be allowed in the course of her daily work can avail this benefit
• Two breaks for prescribed duration until the child attains an age of 15 months
• Nursing breaks are in addition to the normal rest breaks

Dismissal during absence of pregnancy

• An employer is not allowed to dismiss a woman during the authentic period of maternity leave
• In case of unauthorized absence, a woman can be dismissed , but maternity benefits are usually provided
• A woman can be deprived of maternity benefit for her misconduct
• Appeal can be done within 60 days

Deductions from wages

• Deduction from wages not allowed in case of
• Non-arduous nature of work assigned to her
• Nursing breaks

Inspectors

• An inspector is appointed by the government with required qualifications
• To ensure that the act is enforced he can check the premises, and all records related with women workers
• He can inquire into accidents, injury, statements of employees
• He can confiscate any record/document which he considers as offence

Display

• Display notices, in English and local language near common places like canteen, library
• Maintain registers and records

Cognizance of offence & penalties

• Failure to provide the benefit, dismissing a woman amounts in imprisonment of 3 months which can be extended to 1 year or with fine from Rs 2000-5000
• Failure to produce documents to the inspector results in 1 year prison or fine of Rs 5000 or both
• Contravention of other provisions results in 1 year prison or fine of Rs 5000 or both