Other Benefits

Section 8, 9, 9A, 10 and 11 of the Maternity Benefits Act, 1961, provides for various other benefits other than the maternity benefit to be provided by the employer to a woman employee during certain periods before and after child birth.

Section 8 – Payment of Medical Bonus

According to Section 8, every woman who is entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of Rs. 250, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

Section 9 – Leave for Miscarriage or Medical Termination of Pregnancy

Under Section 9 of this Act, in case of miscarriage or medical termination of pregnancy, a woman shall be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy. The woman employee, however, will have to produce such proof as may be prescribed.

Section 9A – Leave with Wages for Tubectomy Operation

According to Section 9A of the Act, in case of tubectomy operation, a woman shall be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation. The woman employee will have to produce such proof as may be prescribed.

Section 10 – Leave for Illness Arising out of Pregnancy, Delivery, Premature Birth of Child, Miscarriage, Medical Termination of Pregnancy or Tubectomy Operation.

Section 10 states that, a woman who has an illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation shall be entitled to leave with wages at the rate of maternity benefit for a maximum period of one month. This is in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9. The woman employee will have to produce such proof as may be prescribed.

Section 11 – Nursing Breaks

Section 11 of this Act provides that, every woman who has delivered a child and who returns to duty after such delivery shall be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months. This is in addition to the interval allowed to her for rest.

For the purpose of the above mentioned benefits under Sections 8, 9, 9A, 10 and 11, the woman employee shall be entitled to leave with wages at the rate of maternity benefit. The rate of wages of maternity benefit is 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 payable to her for the days on which she has worked 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.