1. Introduction

The Maternity Benefit Act, 1961 was enacted to protect the employment and health of women employees during pregnancy and after childbirth. The Act ensures that women receive paid maternity leave and related benefits without fear of job loss.

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2. Objectives of the Act

• Protect the dignity and health of working women

• Provide paid maternity leave

• Prevent termination during maternity period

• Promote work–life balance for women

• Ensure care for the newborn child

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3. Applicability

The Act applies to:

• Factories

• Mines and plantations

• Shops and establishments employing 10 or more employees

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4. Eligibility of Women Employees

A woman is eligible if she:

• Has worked for at least 80 days in the 12 months preceding the expected date of delivery

• Applies to permanent, temporary, and contractual employees

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5. Duration of Maternity Leave

a) For First Two Children

• 26 weeks of paid maternity leave

• Up to 8 weeks before the expected delivery date

b) For Third Child Onwards

• 12 weeks of maternity leave

c) Adoptive & Commissioning Mothers

• 12 weeks of leave for adopting a child below 3 months of age

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6. Maternity Benefit (Payment)

• Paid at the rate of average daily wages

• Includes Basic + DA

• Paid directly by the employer (not reimbursed by government)

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7. Leave for Miscarriage & Medical Termination

• 6 weeks of paid leave after miscarriage or medical termination of pregnancy

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8. Leave for Tubectomy Operation

• 2 weeks of paid leave

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9. Illness Leave

• 1 month additional paid leave for illness arising out of pregnancy, delivery, or miscarriage

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10. Crèche Facility

• Mandatory for establishments with 50 or more employees

• Woman allowed 4 visits per day, including rest interval

• Can be common or outsourced facility

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11. Work From Home Option

• Employer may allow work from home after maternity leave, depending on job nature

• To be mutually agreed

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12. Nursing Breaks

• Woman is entitled to two nursing breaks in addition to regular rest intervals

• Available until the child reaches 15 months of age

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13. Protection from Dismissal

• Employer cannot dismiss or terminate a woman during maternity leave

• No reduction in wages or benefits allowed

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14. Notice of Maternity

• Woman must give written notice to employer stating:

o Expected date of delivery

o Period for which maternity leave is required

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15. Records & Registers

Employer must maintain:

• Maternity benefit register

• Payment records

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16. Inspectors

• Government appoints inspectors to ensure compliance

• Inspectors can examine records and question employers

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17. Penalties

• Non-compliance may lead to:

o Imprisonment up to 1 year

o Fine up to ₹5,000

o Or both

HR Labour Law - Maternity Benefit Act, 1961

HR Labour Law - Maternity Benefit Act, 1961

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