Maternity Benefit Act, 1961

OBJECT:
To regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefits and certain other benefits.
It extends to the whole of India and applies to 1. every factory, mine, plantations, establishments for the exhibition of equestrain, acrobatic and other performances. 2. to every shop or establishments defined under any law applicable to such establishments in a state in which 10 or more persons are employed on any day of the preceding twelve months.
A woman
is entitled to maternity benefit if she has actually worked for a period not less than 80 days in the 12months preceding her date of delivery. The qualifying period of 80 days does not apply to the woman who have immigrated from Assam and was pregnant during immigration.
The employment of women, or work by women in any establishment during the six weeks immediately following the day of her delivery or her miscarriage (section-4). The employer on request by the woman can employ her for 1 month before the start of 6 weeks before pregnancy or for the period of 6 weeks before delivery with special emphasis on her working condition so that there is no complication in her delivery or it should not hinder the development of the foetus.
Every
women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of average daily wage for the period of her actual absence subject to the maximum of 12 weeks of which not more than 6 weeks should precede her actual date of delivery.
The average daily wage means the average of the womans wages payable to her for the days on which she has worked during the 3 months preceding the date from which she absents herself on the account of maternity , or the minimum rate of wages fixed under minimum wages act 1948, whichever is higher. Where a woman dies during the period the benefit will be paid for the days up to including her date of death. If the woman dies during her delivery the employer has to pay full amount for the entire period.
In
addition to the maternity benefit, every women shall also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and post natal care is provided free of charge (section-8)
A woman may give notice to the employer stating that her maternity benefit and other claims may be paid to her or to the nominee and that she will not work during the period for which she receives the benefit. The notice must state the date, not earlier than 6 weeks from the expected date of delivery, from which she intends to absent herself. It should be paid in advance, but a proof of pregnancy is required. The amount due for subsequent period should be paid within 48 hours of the delivery. If the woman dies , the benefit is supposed to be paid to the nominee.
A woman
is entitled to leave with wages at the rate of maternity benefit for the period of 6 weeks immediately following the day of her miscarriage. But a prescribed proof is required.
A woman
suffering from illness due to pregnancy, miscarriage, premature birth, delivery or other complication is entitled to leave with wages at the rate of maternity benefit for the maximum of 1 month in addition to the absence allowed. [section 10]
Every
woman who returns to work after delivery is to be allowed 2 breaks in her daily work for nursing the child till the child attains the age of 15 months. These breaks are in addition to the interval for rest allowed to her.
This
acts prohibits the employer from dismissing the woman on account of her absence which is authorized. The employer cannot even send her the notice of dismissal during the same period. If a woman is dismissed , she is ordinarily not be deprived of the maternity benefit. If the dismissal is due to grave misconduct of the woman the employer has to give in writing about the misconduct and the woman can be deprived of the maternity benefit.
No
deduction can be made from the wages of the pregnant woman. Reasons like : a) Non-arduous nature of work assigned to her under the act b) Breaks for nursing of child allowed to her [section 13]
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Maternity Benefit Act, 1961

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