Professional Documents
Culture Documents
period before and after child-birth and to provide for maternity benefit and
certain other benefits.
The Objective of Maternity Leave & Benefit is to protect the dignity of
Motherhood by providing the Complete & Healthy care to the Women &
Her child, when she is not able to perform her duty due to her health
condition. In the morden world, as the participation of women employees is
growing in every industry, so the need of the Maternity Leave & other
Benefits are becoming increasingly common.
Motherhood is a very special experience in Every Womans life. and this is one
time when she needs to take best care of herself so that she can give birth to a Healthy
& Robust baby. It also alters her lifestyle and requires her to make certain
compromises with her daily life style. A woman needs to be able to give quality time
to her child without having to worry about whether she will lose her job and her source
of income. The Maternity Benefit Act, 1961, gives her the assurance that her rights
will be looked after while she is at home to care for her child.
Applicability of the Maternity Act:
The Act extends to whole of India. In the first instance, to every establishment being
a factory, mine or plantation in which 10 or more persons are or were employed on
any day of the preceding (12) twelve months. (including any such establishment
belonging to Government & to every establishment wherein persons are employed for
the exhibition of equestrian, acrobatic and other performances).
The Act is applicable to mines, factories, circus industry, plantations, shops and
establishments employing ten or more persons, except employees covered under the
ESI Act 1948. It can be extended to other establishments by the State Governments.
The Central Industrial Relations Machinery (CIRM) in the Ministry of Labour is
responsible for enforcing this Act. CIRM is an attached office of the Ministry and is
also known as the Chief Labour Commissioner (Central) [CLC(C)] Organization. The
CIRM is headed by the Chief Labour Commissioner (Central).
Who is Eligible to Maternity Benefit??
Right of Maternity Benefit: Every Pregnant working women in any establishment
are eligible for Maternity Benefit, provided they have served in the establishment for
at least 80 days in (12) Twelve months before the expected date of delivery.
However, if a woman is earning less than Rs: 15,000/- she may be offered ESI
scheme by her employer, & will be not eligible for the maternity benefit but she will
receive the Maternity Bebefit under ESI Scheme.
Subject to the provisions of this Act, every employed woman shall be entitled to, and
her employer shall be liable for the Payment of maternity benefit @ of the average
daily wages (including DA, HRA, Food Allow, Incentive Bonus,etc) for the period of
her actual absence immediately preceding and including the day of her delivery for
the six weeks immediately following that day.
Note: No working woman shall be entitled to Maternity Benefit unless she has
actually worked in an Establishment of the employer for a period of not less than 80
days in the Twelve months immediately preceding the date of her expected delivery.
Duties of Employee for Maternity Benefits:
Under Section - 5(2) of the Maternity Benefit Act, 1961: No woman shall be
entitled to Maternity Benefit unless she has actually worked in an establishment
not less than 80 Days in the 12 months immediately preceding the date of her
expected delivery. But aforesaid shall not apply to a woman who has immigrated
into the State of Assam and was pregnant at the time of the immigration.
Ten (10) weeks before the date of her expected delivery, she may ask the employer
to give her light work for a month. At that time she should produce a certificate
that she is pregnant.
She should give written notice to the employer about Seven (07) weeks before the
date of her delivery that she will be absent / on leave for six weeks before and after
her delivery. She should also name the person to whom payment will be made in
case she cannot take it herself.