Maternity Benefit Act, 1961 | Labour and Industrial Law - CLAT PG PDF Download

Objectives

• The Act governs the employment of women in certain establishments during specific periods before and after childbirth, offering maternity and other benefits.
• It applies to mines, factories, circuses, industries, plantations, and shops with ten or more employees, excluding those covered by the Employees' State Insurance Act, 1948.

• The Act can be extended to other establishments by state governments and has no wage limit for coverage.
• The Central Government is the appropriate authority for the circus industry and mines.
• Before this Act, several other laws were in place in India to protect women workers, especially in demanding fields like circuses, mining, and plantations.
• The Maternity Benefit Act 1961 consolidates various state acts to provide maternity benefits to women before and after childbirth.

Sec 3: Definitions

• Appropriate government: The central government for mines and establishments like circuses, and the state government for other establishments.
• Child: Includes stillborn children.
• Delivery: Refers to the birth of a child.
• Employer: The person or authority responsible for supervising and controlling employees in an establishment. This includes heads of departments or managers.
• Establishment: Includes factories, mines, plantations, and places where people are employed for performances like equestrian or acrobatic acts.
• Medical termination of pregnancy: As per the Medical Termination of Pregnancy Act 1971.
• Miscarriage: Expulsion of the contents of a pregnant uterus before or during the twenty-sixth week of pregnancy, excluding miscarriages punishable under the Indian Penal Code.
• Wages: All remuneration paid or payable in cash to a woman, including allowances like Dearness Allowance (DA) and House Rent Allowance (HRA), incentive bonuses, and the money value of concessional supplies, but excluding certain items like non-incentive bonuses, overtime earnings, and contributions to pension or provident funds.

Sec 4: Employment of Women Prohibited During Certain Periods

• No employer shall knowingly employ a woman in any establishment during the six weeks immediately following her delivery, miscarriage, or medical termination of pregnancy.
• No woman shall work in any establishment during the six weeks immediately following her delivery, miscarriage, or medical termination of pregnancy.
• A pregnant woman has the right to request her employer not to assign her any work that is arduous, involves long hours of standing, or could adversely affect her pregnancy or health during the specified period.

Sec 5: Right to Payment of Maternity Benefits

• Every woman is entitled to maternity benefits at the rate of her daily wage for the period of her actual absence, which includes the period immediately before, during, and after her delivery.
• No woman is entitled to maternity benefits unless she has worked in the establishment of the employer from whom she claims benefits during the specified months preceding her expected delivery.
• The maximum period for maternity benefits is twenty-six weeks, with not more than eight weeks preceding the expected date of delivery.
• For women with two or more surviving children, the maximum maternity benefits period is twelve weeks, with not more than six weeks preceding the expected date of delivery.
• If a woman dies during the maternity benefits period, the benefits are payable only for the days up to and including her death.
• A woman who legally adopts a child below the age of three months or a commissioning mother is entitled to maternity benefits for twelve weeks from the date the child is handed over to her.
• If a woman's work allows her to work from home, her employer may permit her to do so after availing maternity benefits, based on mutual agreement.

Sec 5A: Continuance of Payment of Maternity Benefit in Certain Cases

• Women entitled to maternity benefits under this Act shall continue to be so entitled even if the Employees' State Insurance Act, 1948, applies to the factory or establishment where they are employed.
• These women will continue to be entitled to maternity benefits until they qualify to claim maternity benefits under section 50 of the Employees' State Insurance Act, 1948.

Sec 5B: Payment of Maternity Benefit in Certain Cases

• Women employed in factories or establishments covered by the Employees' State Insurance Act, 1948, whose wages (excluding overtime) exceed a specified amount and who meet certain conditions, are entitled to maternity benefits under this Act.

Sec 6: Notice of Claim for Maternity Benefit and Payment Thereof

• Women entitled to maternity benefits under this Act can give written notice to their employer, stating that their maternity benefit and any other amounts due may be paid to them or a nominated person and that they will not work during the benefit period.
• Pregnant women must specify the date of absence from work in the notice, which cannot be earlier than six weeks before the expected delivery date.
• Women who did not give notice during pregnancy can do so as soon as possible after delivery.
• Upon receiving the notice, the employer must allow the woman to be absent from work during the specified period.

Sec 7: Payment of Maternity Benefit in Case of Death of a Woman

• If a woman entitled to maternity benefits or any other amount under this Act dies before receiving it, the employer shall pay the benefit or amount to the person nominated by the woman in the notice given under section 6. If there is no nominee, it will be paid to her legal representatives.

Sec 8: Payment of Medical Bonus

• Women entitled to maternity benefits under this Act are also entitled to receive a medical bonus of one thousand rupees from their employer if no prenatal, confinement, and postnatal care is provided free of charge by the employer.
• The Central Government may increase this amount up to twenty-three thousand rupees through a gazette notification.

Sec 9: Leave for Miscarriage, etc.

• In case of miscarriage or medical termination of pregnancy, a woman is entitled to leave with wages at the rate of maternity benefit for six weeks immediately following the day of miscarriage or medical termination, upon production of prescribed proof.

Sec 9A: Leave with Wages for Tubectomy Operation

• In case of tubectomy operation, a woman is entitled to leave with wages at the rate of maternity benefit for two weeks immediately following the day of her tubectomy operation, upon production of prescribed proof.

Sec 10: Leave for Illness Arising Out of Pregnancy, Delivery, Premature Birth of Child (Miscarriage, Medical Termination of Pregnancy or Tubectomy Operation

• Upon sufficient production of documents, the employee shall receive one month of leave with wages.

Sec 11: Nursing Breaks

• Every woman who returns to duty after delivering a child shall be allowed, in addition to her regular rest intervals, two breaks of prescribed duration during her daily work for nursing the child until the child reaches fifteen months of age.

Sec 11A: Crèche Facility

• Every establishment with fifty or more employees is required to provide crèche facilities within or along with common facilities.
• Women are permitted four visits a day to the crèche, including the rest interval allowed to them.
• Every establishment must inform every woman at the time of her initial appointment about the benefits available under the Act, in writing and electronically.

Recent Amendments

• For women expecting before having two children: 26 weeks of leave is available.
• Pre-expected leave: Up to 8 weeks before the expected delivery.
• Post-expected leave: The remaining months of leave are available after delivery.
• For women expecting after having two children: 6 weeks of pre-expected leave and another 6 weeks post-delivery.
• Adoption: If a woman adopts a child under 3 months old, she is entitled to 12 weeks of leave.
• Commissioning mother: Entitled to 12 weeks of leave under similar circumstances.
• Work from home: Allowed after the 26 weeks leave period, depending on the nature of work and mutual agreement.