Maternity Benefit Act 1961Applicability:1. To every shop or establishment wherein 10 or more persons are employed or were employed on any day of the preceding 12 months.2. However, the Actdoes not applyto any suchfactory/other establishmentto which the provisions of theEmployees State Insurance Act are applicablefor the time being.Who is entitled to Maternity Benefit?1. Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit.2. Should intimate the employer seven weeks before her delivery date about the leave period.Cash Benefit:1. The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks in all (84 Days) whether taken before or after childbirth. However she cannot take more than six weeks before her expected delivery. (Six week before and six week after delivery)2. She will get pay of six weeks after child birth on request (within 48 hrs )

Other Benefits:

A) Leave for miscarriage and illness:In case of miscarriage or medical termination of pregnancy, a woman shall, on production of the prescribed proof, be entitled to leave with wages at the rate of maternity benefit, for a period of 6 weeks immediately following the day of her miscarriage or medical termination of pregnancy.B) Leave for tubectomy operation :In case of tubectomy operation, a woman shall, on production of prescribed proof, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of operation.C) Leave for illnessLeave for a maximum period of one month with wages at the rate of maternity benefit are allowable in case of illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy or tubectomy operation.D) Medical bonus :

Every woman entitled to maternity benefit shall also be allowed a medical bonus of Rs. 3500/-, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

Non Cash Benefits

1. Light work for 10 weeks (6 weeks plus 1 month) before delivery.2. 2 Nursing breaks of 15 Minutes until the child is 15 months old.3. No discharge or dismissal while on maternity leave.4. No charge to her disadvantage in any conditions of her employment while on maternity leave.5. Pregnant women discharged or dismissed may still claim maternity benefit from employer.

Duties of Employers:

Important obligations of employers under the Act are:1. To pay maternity benefit and/or medical bonus and allow maternity leave and nursing breaks to the woman employees, in accordance with the provisions of the Act.2. Not to engage pregnant women in contravention of section 4 and not to dismiss or discharge a pregnant woman employee during the period of maternity leave.