Dear Seniors, If a unmarried girl get pregnant, whether she’s eligible to avail the maternity benefit?
From India, Madras
1From India, Madras
Dear Kkeshu,
The unmarried girl is entitled to get the maternity benefit with no regression. There is no word in the "MATERNITY BENEFIT ACT" like the married women only should get the maternity benefits and there is no age factor is mentioned. So the girl (If she is below 17 age) is eligible.
Objective of Maternity benefit act is :
Motherhood is a very special experience in a woman’s life. A woman needs to be able to give quality time to her child without having to worry about whether she will lose her job and her source of income. That is where the concept of maternity leave and the benefits it entails, comes in handy. The Maternity Benefits Act, 1961, gives her the assurance that her rights will be looked after while she is at home to care for her child.
The object of the Act is to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefits and certain other benefits. To be eligible for maternity benefit, a woman should have worked in an establishment for not less than 80 days in the twelve months immediately prior to the date of her expected delivery.
The maximum period for which any woman can be entitled to maternity benefit is twelve weeks. This includes six weeks up to and including the day of her delivery and six weeks immediately following that day.
The women employee is eligible to benefit with the medical bonus amount of three thousand and five hundred rupees.
Thanks and Regards
Prakash perumal
From India, Kolkata
The unmarried girl is entitled to get the maternity benefit with no regression. There is no word in the "MATERNITY BENEFIT ACT" like the married women only should get the maternity benefits and there is no age factor is mentioned. So the girl (If she is below 17 age) is eligible.
Objective of Maternity benefit act is :
Motherhood is a very special experience in a woman’s life. A woman needs to be able to give quality time to her child without having to worry about whether she will lose her job and her source of income. That is where the concept of maternity leave and the benefits it entails, comes in handy. The Maternity Benefits Act, 1961, gives her the assurance that her rights will be looked after while she is at home to care for her child.
The object of the Act is to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefits and certain other benefits. To be eligible for maternity benefit, a woman should have worked in an establishment for not less than 80 days in the twelve months immediately prior to the date of her expected delivery.
The maximum period for which any woman can be entitled to maternity benefit is twelve weeks. This includes six weeks up to and including the day of her delivery and six weeks immediately following that day.
The women employee is eligible to benefit with the medical bonus amount of three thousand and five hundred rupees.
Thanks and Regards
Prakash perumal
From India, Kolkata
Dear Mr. Prakash,
Your explanation is good, but there have been some changes made in 2013. It is no longer 12 weeks (90 days); it is now 80 days. I am unsure about the medical bonus because it depends on salary. Kindly let me know if you would like to discuss my thoughts further.
Regards,
Mimu143
From India, Mumbai
Your explanation is good, but there have been some changes made in 2013. It is no longer 12 weeks (90 days); it is now 80 days. I am unsure about the medical bonus because it depends on salary. Kindly let me know if you would like to discuss my thoughts further.
Regards,
Mimu143
From India, Mumbai
Dear Keshu,
The definition of a woman under Section 2(o) of The Maternity Benefits Act, 1961 does not demarcate between married and unmarried women. It defines "woman" as a woman employed, whether directly or through any agency, for wages in any establishment. This is also evident from the fact that in the various Forms prescribed under Maternity Rules, it asks for the name of the woman, wife/daughter of Sh X, Y, or Z, and nothing else, which, I hope, clarifies your doubt and answers your query as well.
BS Kalsi
Member since Aug 2011
From India, Mumbai
The definition of a woman under Section 2(o) of The Maternity Benefits Act, 1961 does not demarcate between married and unmarried women. It defines "woman" as a woman employed, whether directly or through any agency, for wages in any establishment. This is also evident from the fact that in the various Forms prescribed under Maternity Rules, it asks for the name of the woman, wife/daughter of Sh X, Y, or Z, and nothing else, which, I hope, clarifies your doubt and answers your query as well.
BS Kalsi
Member since Aug 2011
From India, Mumbai
There is no change in benefits; it's still 12 weeks. The condition of 80 days is only for eligibility (continuous service of not less than 80 days). Maternity Bonus: in the case of a female employee covered under the ESI Act, it is Rs 5000, and if not covered under the ESI Act, then it's Rs 3500, subject to whether the employer has not provided any arrangement or has not done by the employer for confinement.
From India, Delhi
From India, Delhi
Dear Friends,
An unmarried lady employee of P&T (when Posts and Telegraphs were a joint entity) had claimed Maternity Benefit which was rejected by her employers on the grounds that she was unmarried. The Supreme Court had given a landmark judgment when it said, "Paternity is always a matter of doubt, the man knows that he is the father only when he is told so, but maternity is never a matter of doubt. We are not here to judge the morality of the case; we are here to give the woman the benefits that she deserves. The law says woman employee and not married woman employee, so the question of refusing maternity benefit to a woman because she is not married does not arise at all."
So the marital status of a woman who claims Maternity Benefit should not be a consideration at all.
Regards,
Kirti
From India, Bangalore
An unmarried lady employee of P&T (when Posts and Telegraphs were a joint entity) had claimed Maternity Benefit which was rejected by her employers on the grounds that she was unmarried. The Supreme Court had given a landmark judgment when it said, "Paternity is always a matter of doubt, the man knows that he is the father only when he is told so, but maternity is never a matter of doubt. We are not here to judge the morality of the case; we are here to give the woman the benefits that she deserves. The law says woman employee and not married woman employee, so the question of refusing maternity benefit to a woman because she is not married does not arise at all."
So the marital status of a woman who claims Maternity Benefit should not be a consideration at all.
Regards,
Kirti
From India, Bangalore
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