Dear Sirs,
We have some female workers in our organization. We need updated information on the scope and coverage of The Maternity Benefits Act, 1961. Kindly enlighten us on the provisions of maternity benefits:
- Meaning of Maternity Benefits,
- Payable Amount of Maternity Benefits,
- Process adherence for Maternity Benefit Claims,
- Payment of Maternity Benefits,
- Period of pregnancy months for which maternity benefits are to be allowed,
- Other important issues of the act.
Thank you.
From India
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1We have some female workers in our organization. We need updated information on the scope and coverage of The Maternity Benefits Act, 1961. Kindly enlighten us on the provisions of maternity benefits:
- Meaning of Maternity Benefits,
- Payable Amount of Maternity Benefits,
- Process adherence for Maternity Benefit Claims,
- Payment of Maternity Benefits,
- Period of pregnancy months for which maternity benefits are to be allowed,
- Other important issues of the act.
Thank you.
From India
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Dear friend,
Let me give you a brief overview of the salient features of the Maternity Benefit Act, 1961, the provisions of which are in line with the Directive Principles of State Policy of the Constitution of India.
1. Application (Sec.2):
It applies to every factory, mine, or plantation, including those owned by the Government. It also applies to any other establishment recognized under laws relating to shops and establishments, provided there are 10 or more employees currently or previously. It is not required that all 10 employees be women; if there is at least one woman among the 10 employees at any time, the Act becomes applicable.
2. Exception:
Establishments covered under the Employees' State Insurance (ESI) Act, 1948, and the employees governed by it are exempt.
3. Beneficiary (Sec.3(o)):
Every woman employed, directly or through any agency, for wages, regardless of the amount.
4. Maternity Benefit (Sec.3(h)):
Payment specified under Section 5(1) of the Act, based on the average salary, for a leave of 26 weeks due to childbirth.
5. Other Benefits:
(a) Medical Bonus (Sec.8)
(b) Leave with wages for miscarriage or medical termination of pregnancy (Sec.9)
(c) Leave with wages for a tubectomy operation (Sec.9-A)
(d) Additional leave with wages for illnesses related to pregnancy, delivery, premature birth, miscarriage, medical termination of pregnancy or tubectomy operation (Sec.10)
(e) Nursing breaks (Sec.11)
6. Notice of Claim (Sec.6(1)):
A woman must submit a notice in the prescribed form to the employer, declaring her entitlement to maternity benefits or any other due amount. She must also declare that she will not work in any other establishment during the benefit period. The notice can be given as soon as possible after delivery.
7. Payment (Sec.6(5)):
The benefit amount for the period before the expected delivery date should be paid in advance. The amount for the post-delivery period must be paid within 48 hours of the woman providing proof of delivery.
8. Current Period of Maternity Benefit (Sec.5(3)):
A total of 26 weeks of leave can be taken entirely after delivery or in two segments of 8 weeks before the expected delivery date and the remaining 18 weeks after the actual delivery date, with the choice belonging to the employee.
9. Dismissal during Pregnancy (Sec.12):
Dismissal or discharge of an employee at any time during pregnancy or leave of absence, for any reason, is illegal and cannot revoke maternity benefits.
10. Claims (Sec.12(2)(b)):
Claims must be filed within 60 days from the date of the cause of action with the relevant authority.
Effective from April 1, 2017, extended maternity leave is applicable for the first two surviving children. Subsequent deliveries will have the earlier total leave of 12 weeks.
I recommend that you review the Act and relevant judgments on this matter.
From India, Salem
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Let me give you a brief overview of the salient features of the Maternity Benefit Act, 1961, the provisions of which are in line with the Directive Principles of State Policy of the Constitution of India.
1. Application (Sec.2):
It applies to every factory, mine, or plantation, including those owned by the Government. It also applies to any other establishment recognized under laws relating to shops and establishments, provided there are 10 or more employees currently or previously. It is not required that all 10 employees be women; if there is at least one woman among the 10 employees at any time, the Act becomes applicable.
2. Exception:
Establishments covered under the Employees' State Insurance (ESI) Act, 1948, and the employees governed by it are exempt.
3. Beneficiary (Sec.3(o)):
Every woman employed, directly or through any agency, for wages, regardless of the amount.
4. Maternity Benefit (Sec.3(h)):
Payment specified under Section 5(1) of the Act, based on the average salary, for a leave of 26 weeks due to childbirth.
5. Other Benefits:
(a) Medical Bonus (Sec.8)
(b) Leave with wages for miscarriage or medical termination of pregnancy (Sec.9)
(c) Leave with wages for a tubectomy operation (Sec.9-A)
(d) Additional leave with wages for illnesses related to pregnancy, delivery, premature birth, miscarriage, medical termination of pregnancy or tubectomy operation (Sec.10)
(e) Nursing breaks (Sec.11)
6. Notice of Claim (Sec.6(1)):
A woman must submit a notice in the prescribed form to the employer, declaring her entitlement to maternity benefits or any other due amount. She must also declare that she will not work in any other establishment during the benefit period. The notice can be given as soon as possible after delivery.
7. Payment (Sec.6(5)):
The benefit amount for the period before the expected delivery date should be paid in advance. The amount for the post-delivery period must be paid within 48 hours of the woman providing proof of delivery.
8. Current Period of Maternity Benefit (Sec.5(3)):
A total of 26 weeks of leave can be taken entirely after delivery or in two segments of 8 weeks before the expected delivery date and the remaining 18 weeks after the actual delivery date, with the choice belonging to the employee.
9. Dismissal during Pregnancy (Sec.12):
Dismissal or discharge of an employee at any time during pregnancy or leave of absence, for any reason, is illegal and cannot revoke maternity benefits.
10. Claims (Sec.12(2)(b)):
Claims must be filed within 60 days from the date of the cause of action with the relevant authority.
Effective from April 1, 2017, extended maternity leave is applicable for the first two surviving children. Subsequent deliveries will have the earlier total leave of 12 weeks.
I recommend that you review the Act and relevant judgments on this matter.
From India, Salem
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Dear Sir,
Any statutory compliance adherence is also required. Furthermore, what are the statutory forms that need to be submitted by the female workers to avail the benefits, as well as the statutory records to be maintained on the part of the employer?
From India
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Any statutory compliance adherence is also required. Furthermore, what are the statutory forms that need to be submitted by the female workers to avail the benefits, as well as the statutory records to be maintained on the part of the employer?
From India
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Dear friend,
I believe you are an HR person; even if not, your supplementary question gives me the impression that you require spoon-feeding.
Laws are enacted only for compliance by the people covered by them. The Maternity Benefit Act, 1961 is a beneficial legislation that confers certain benefits to women employees during pregnancy, delivery, and post-delivery child care. This is achievable only when the employer complies with the letter and spirit of the law.
Therefore, I would reiterate my earlier suggestion that for a clear understanding, you should read through the entire Act, its Statement of Objects and Reasons, and the leading case laws. For functional aspects, review the Central or State Rules as applicable. If you still have any doubts, please revert back to the forum.
From India, Salem
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I believe you are an HR person; even if not, your supplementary question gives me the impression that you require spoon-feeding.
Laws are enacted only for compliance by the people covered by them. The Maternity Benefit Act, 1961 is a beneficial legislation that confers certain benefits to women employees during pregnancy, delivery, and post-delivery child care. This is achievable only when the employer complies with the letter and spirit of the law.
Therefore, I would reiterate my earlier suggestion that for a clear understanding, you should read through the entire Act, its Statement of Objects and Reasons, and the leading case laws. For functional aspects, review the Central or State Rules as applicable. If you still have any doubts, please revert back to the forum.
From India, Salem
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