Maternity Benefits Under The Maternity Benefits Act,1961

The Maternity Benefit Act, 1961, aims to regulate the employment of women employees in certain establishments for certain periods before and after child-birth and provides for maternity and certain other benefits.

The Act extends to the whole of India and is applicable to:

• every factory, mine or plantation (including those belonging to Government),
• an establishment engaged in the exhibition of equestrian, acrobatic and other performances, irrespective of the number of employees, and
• To every shop or establishment wherein 10 or more persons are employed or were employed on any day of the preceding 12 months.

The State Government may extend the Act to any other establishment or class or establishments; industrial, commercial, agricultural or otherwise.

However, the Act does not apply to any such factory/other establishment to which the provisions of the Employees’ State Insurance Act are applicable for the time being.

But, where the factory/establishment is governed under the Employees’ State Insurance Act, and the woman employee is not qualified to claim maternity benefit under section 50 of that Act, because her wages exceed Rs. 3,000 p.m. (or the amount so specified u/s 2(9) of the ESI Act), or for any other reason, then such woman employee is entitled to claim maternity benefit under this Act till she becomes qualified to claim maternity benefit under the E.S.I. Act.

What Is Maternity Benefit

Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, under the Maternity Benefit Act, 1961.

Subject to the provisions of this Act–

1. Every woman shall be entitled to the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day. The average daily wage means the average of the woman’s wages during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher.
2. No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
   Explanation: For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid-off during the period of twelve months, immediately preceding the date of her expected delivery, shall be taken into account.
3. The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day.

Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death.