The Maternity Benefit
Act,1961
Savita S H
 To regulate the employment of women in
certain establishment for certain period before
and after child birth.
To provide for maternity benefits and certain
other benefits.
Objective of the Act
 The need for Maternity Benefit Act, is to
protect the dignity of motherhood by
providing the complete and healthy care to the
women and her child , when she is not able to
perform her duty due to her health condition.
Requirement of the Act
 In the modern world, as the participation of
women employees is growing in every industry,
so the need of the Maternity leave and other
benefits are becoming increasingly common.
 Motherhood is one of the best time when a
woman needs to take best care of herself so that
she can give birth to a healthy and robust baby.
 A women 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.
 The Act extends to whole of India.
 The Act is applicable to every factory, mine or
plantation, and also establishments wherein
persons are employed for the exhibition of
equestrian, acrobatics and other performances
(including those belonging to Government).
Applicability of the Act
 The Act is applicable to establishments in which
10 or more persons are or were employed on any
day of the preceding 12 months.
 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.
 It can be extended to other establishments by the
 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) Organisation.
Enforcement authority
 No employer shall employ a women in any
establishment during the 6 weeks immediately
following the day of her delivery or
miscarriage.
Duty of the Employer
 No pregnant women shall do any work which is
of an arduous nature or which involves long
hours of standing or which in any way likely to
interfere with her pregnancy or is likely to cause
her miscarriage on request of the employer at the
period of 1 month preceding the period of 6
weeks before the date of her expected delivery.
 Every pregnant women working in any
establishment are eligible for maternity
benefit, provided they have served in the
establishment for not less than 160 days in the
12 months preceding the date of her expected
delivery.
Eligibility for maternity benefit
 However, if a woman is earning less than 15000,
she may be offered ESI scheme by her employer
and will not be eligible for maternity benefit but
she will receive maternity benefit under the ESI.
 The maximum period for which any woman shall
be entitled to maternity benefit shall be 12 weeks,
i.e 6 weeks before her delivery and 6 weeks after
her delivery.
 Every employed women shall be entitled to and
her employer shall be liable for the payment of
maternity benefit of the average daily wages
(including DA, HRA, Incentives, Bonus etc.) for
the period of her actual absence immediately
preceding and including the day of her delivery
for the 6 weeks immediately following that day.
 If a women dies during her delivery or during the
period of 6 weeks, following the date of her
delivery , the employer shall be liable to pay
maternity benefit for the entire period of 6 weeks.
 If the child also dies during the said period, then
the employer will be liable to pay maternity
benefit till the day of the death of the child.
Thank you

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  • 1.
  • 2.
     To regulatethe employment of women in certain establishment for certain period before and after child birth. To provide for maternity benefits and certain other benefits. Objective of the Act
  • 3.
     The needfor Maternity Benefit Act, is to protect the dignity of motherhood by providing the complete and healthy care to the women and her child , when she is not able to perform her duty due to her health condition. Requirement of the Act
  • 4.
     In themodern world, as the participation of women employees is growing in every industry, so the need of the Maternity leave and other benefits are becoming increasingly common.  Motherhood is one of the best time when a woman needs to take best care of herself so that she can give birth to a healthy and robust baby.
  • 5.
     A womenneeds 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.
  • 6.
     The Actextends to whole of India.  The Act is applicable to every factory, mine or plantation, and also establishments wherein persons are employed for the exhibition of equestrian, acrobatics and other performances (including those belonging to Government). Applicability of the Act
  • 7.
     The Actis applicable to establishments in which 10 or more persons are or were employed on any day of the preceding 12 months.  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.  It can be extended to other establishments by the
  • 8.
     The CentralIndustrial 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) Organisation. Enforcement authority
  • 9.
     No employershall employ a women in any establishment during the 6 weeks immediately following the day of her delivery or miscarriage. Duty of the Employer
  • 10.
     No pregnantwomen shall do any work which is of an arduous nature or which involves long hours of standing or which in any way likely to interfere with her pregnancy or is likely to cause her miscarriage on request of the employer at the period of 1 month preceding the period of 6 weeks before the date of her expected delivery.
  • 11.
     Every pregnantwomen working in any establishment are eligible for maternity benefit, provided they have served in the establishment for not less than 160 days in the 12 months preceding the date of her expected delivery. Eligibility for maternity benefit
  • 12.
     However, ifa woman is earning less than 15000, she may be offered ESI scheme by her employer and will not be eligible for maternity benefit but she will receive maternity benefit under the ESI.  The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks, i.e 6 weeks before her delivery and 6 weeks after her delivery.
  • 13.
     Every employedwomen shall be entitled to and her employer shall be liable for the payment of maternity benefit of the average daily wages (including DA, HRA, Incentives, Bonus etc.) for the period of her actual absence immediately preceding and including the day of her delivery for the 6 weeks immediately following that day.
  • 14.
     If awomen dies during her delivery or during the period of 6 weeks, following the date of her delivery , the employer shall be liable to pay maternity benefit for the entire period of 6 weeks.  If the child also dies during the said period, then the employer will be liable to pay maternity benefit till the day of the death of the child.
  • 15.