Maternity Benefit Act, 1961 - Overview

The Maternity Benefit Act, 1961 provides maternity benefits to women employees. It applies to establishments employing 10 or more persons.

Duration of Maternity Leave

• First two children: 26 weeks (8 weeks before delivery, 18 weeks after)
• Third child onwards: 12 weeks
• Adopting mother: 12 weeks from date of adoption (child under 3 months)
• Commissioning mother (surrogacy): 12 weeks from date of delivery

Maternity Pay

Full wages for the maternity leave period, calculated based on average daily wage for the 3 months preceding the leave.

Other Benefits

• Medical Bonus: ₹3,500 if employer provides no medical care
• Nursing Breaks: 2 additional breaks per day for nursing child up to 15 months
• Work From Home: After leave, as per mutual agreement
• Creche Facility: Mandatory for establishments with 50+ employees

Protection Against Dismissal

It is illegal to dismiss a woman employee or give notice of dismissal during her maternity leave or while availing maternity benefits. Any such dismissal is void.

Eligibility Conditions

Woman employee must have worked for at least 80 days in the 12 months preceding the expected delivery date.

How to Claim

Submit a written application to the employer stating the period of leave. Employer must pay maternity benefits within 30 days of application.