Provisions of the Maternity Benefit Act, 1961

Key Provisions of the Maternity Benefit Act, 1961

1. Right to Payment of Maternity Benefit

📜 Section 5(1)

Essence of the Provision:

• Every woman is entitled to maternity benefit at the rate of average daily wage, if she has worked in an establishment for a period of at least 80 days in the 12 months immediately preceding the date of her expected delivery.

Key Points:

• Maternity benefit is in the form of paid leave.
• “Average daily wage” is computed based on wages drawn during the 3 calendar months prior to leave.
• The benefit is available whether the woman is employed on a regular, contract, or temporary basis (if otherwise eligible).

Judicial Precedent:
📌 Municipal Corporation of Delhi v. Female Workers (Muster Roll), (2000) 3 SCC 224 – Maternity benefit extended to daily wage and casual workers too.

2. Payment of Maternity Benefit in Certain Cases

📜 Section 5(3) and Section 5(4)

Section 5(3):

• Maternity benefit shall be paid for a maximum of 26 weeks (revised from 12 weeks via the 2017 Amendment).
  • Of this, not more than 8 weeks shall precede the expected delivery.

Section 5(4):

• In case of a woman having two or more surviving children, she shall be entitled to only 12 weeks of maternity benefit.

Special Category:

• A commissioning mother and adopting mother are entitled to 12 weeks of maternity leave from the date of handover of the child (introduced by the 2017 Amendment).

3. Maximum Period of Entitlement

📜 Section 5(3) & Section 5(4)

Circumstance	Maximum Entitlement
First two children	26 weeks
Third child onwards	12 weeks
Commissioning/adoptive mothers	12 weeks from child handover
Tubectomy operation leave	2 weeks (Sec. 9A)
Miscarriage or MTP	6 weeks (Sec. 9)

Note: Leave beyond this can be granted as leave without pay or under employer’s discretion.

4. Prohibition of Employment During Certain Periods

📜 Section 4(1) and 4(2)

Prohibitions:

• No woman shall work during six weeks following the day of delivery or miscarriage.
• Employer shall not knowingly employ a woman during this prohibited period.

Section 4(2):

• No woman shall be employed in any arduous work or which may interfere with pregnancy during the pregnancy and post-natal period.

Objective:

• Protects health and welfare of mother and child.

5. Benefits in Certain Other Cases

📜 Section 8 – Medical Bonus

Entitlement:

• If an employer does not provide free prenatal and postnatal care, the woman is entitled to a medical bonus of ₹3,500 (subject to increase via notification).

Further Benefits:

• Section 11: Nursing breaks – Two breaks per day until child attains 15 months.
• Section 10: Leave for illness arising out of pregnancy – Up to 1 month with wages.

6. Payment in Case of Death

📜 Section 7

Provision:

• If a woman dies during the maternity leave period, the maternity benefit is:
  • Paid for days up to and including the day of death.
  • If child survives, the benefit continues to be paid for the remaining period to the nominee/legal heir.

If both mother and child die:

• Benefit is paid only up to the day of the mother’s death.

Significance:

• Ensures financial support to the family even after the woman’s death.

7. Leave for Miscarriage or Medical Termination of Pregnancy

📜 Section 9

Provision:

• A woman is entitled to six weeks’ leave with wages following the date of miscarriage or medical termination of pregnancy.

📜 Section 9A:

• If a woman undergoes tubectomy operation, she is entitled to two weeks’ paid leave.

Proof:

• Medical certificate must be produced to avail leave.

8. Dismissal During Absence Due to Pregnancy

📜 Section 12(1)

Provision:

• Any dismissal, discharge, or penalization of a woman during the maternity leave period is void if it is without sufficient cause.

Further Clarifications:

• Even if the woman is dismissed, she is still entitled to maternity benefit.
• Section 12(2): A woman may appeal to an Inspector if she is deprived of benefits.

📌 Case Law:

• B. Shah v. Presiding Officer, Labour Court, (1978) – Reinforced the right to maternity benefit even after dismissal.

9. Inspectors and Penalties

📜 Section 14 – Appointment of Inspectors

• State Government may appoint Inspectors to ensure compliance.
• Inspectors are empowered to enter premises, examine records, and enforce the Act.

📜 Section 21 – Penalties for Contravention

• Imprisonment up to 1 year, or fine up to ₹5,000, or both.
• For repeat offences, enhanced penalties are prescribed.

Offences Include:

• Denial of maternity benefits.
• Unlawful dismissal.
• Non-compliance with provisions related to leave, benefits, medical bonus, etc.

Conclusion:

The Maternity Benefit Act, 1961 is a progressive legislation that ensures a balance between the health of women and their right to employment. The detailed sections mentioned above collectively aim to create a supportive and dignified workplace for women during the most sensitive phase of their lives—motherhood.

🔖 Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.

🔖 About Study on Law Hills

By Chandan Sha
One-stop blog for law notes, moot memorials & legal updates

Study on Law Hills is a legal blog that simplifies Indian law for students and professionals. From Constitution to Criminal Law, it offers:

• 📚 Law notes for exams
• ⚖️ Moot court memorials (Petitioner & Respondent)
• 🧾 Case commentaries & updates
• 📲 Legal reels & lectures via Instagram & YouTube

🔗 Blog: studyonlawhills.blogspot.com
📸 Instagram: @slawh2023
📧 Email: csstarmoon1000@gmail.com
🔗 LinkedIn: Chandan Sha