The Maternity Benefit Act 1961

# The Maternity Benefit Act 1961

An Act to regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits.

Compliances

Applicability

  • Extends to the whole of India.
  • Applicable to mines, factories, plantations, shops and commercial establishments.
  • For a woman employed, whether directly or through any agency, for wages in any establishment.

References

Bare Act

Maternity Benefit Rules

Maternity Benefit (Amendment) Act, 2017

2017 Amendment in MBA with enhanced benefits

Nature of leave availed by claimant As per 2017 Amendment
Pregnancy & Delivery

Leave not exceeding six weeks preceding delivery

Applicable for the first two children.

In case of a third child (Leave not exceeding six weeks preceding delivery)|Increased from twelve weeks to twenty-six weeks wherein the pre-natal leave shall not exceed more than eight weeks preceding delivery.

Only twelve weeks in total can be availed.|
|Miscarriage or medical termination of pregnancy|Remains the same, no changes

Can claim up to six weeks leave with maternity benefit immediately from the date of such miscarriage or termination of pregnancy as the case may be|
|Tubectomy Operation|Remains the same, no changes

Can claim up to two weeks of leave with maternity benefit immediately from the date of operation|
|Illness during pregnancy, delivery, pre-matured delivery, etc.|Remains the same, no changes

Can claim up to four weeks of leave with maternity benefit|
|Nursing breaks|Remains the same, no changes

In addition to the interval of rest allowed the claimant can take two breaks to nurse the child till the child attains the age of fifteen months|
|Adoptive mothers

For child below the age of three months|Can avail twelve weeks leave with benefits|
|Commissioning mother or surrogate mother

From the date, the child is handed over to her or otherwise as prescribed|Can avail twelve weeks leave with benefits|
|Creche Facility

An establishment with 30 women employee or 50 employees in general whichever is the less|Provide creche within 500 meters proximity and allow four visits during working hours|
|Work from home option|Can be availed after the expiry of twenty-six weeks – the employer and claimant to decide the terms mutually|
|Educate women employee about the benefits|Employer to mandatorily educate the women employee about the benefits available from the date of their appointment|

Compliances

Applicability

To whom does the Act apply

MBA is applicable to all establishments which include factories, plantations, mines belonging to Government.

To every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.

Any shop or establishment that falls within the purview of laws for shops and establishments in any State wherein ten or more persons are employed or were employed within the preceding twelve months.

To women who cannot claim under ESIC for the reason of her income being above INR 3000/- per month.

To whom the Act does not apply

This law is not applicable to those women to which the ESIC is applicable

References

[Bare Act]

For Karnataka Maternity Benefit (Amendment) Rules, 2019, [click here. ](check from page 7 of notification.)

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