IndexApplicability of the ActEligibility and Conditions for Claiming BenefitsCash BenefitsNon-monetary Benefits/PrivilegesThe Maternity Benefits Act, 1961 seeks to regulate the employment of women employees throughout the country. The law provides 12 weeks as the maximum period during which any worker is entitled to maternity pay. You can avail of this benefit for 6 weeks up to and including the day of delivery and for 6 weeks immediately following the day of delivery. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Applicability of the Act The Act applies to: Any factory, mine or plantation (including those belonging to the Government), An establishment engaged in the exhibition of equestrian, acrobatic and other performances, regardless of the number of employees, and Any shop or establishment in which 10 or more persons are employed or have been employed on any day in the preceding 12 months. Eligibility and conditions for claiming benefits The law states that all women employed, directly or through any agency, for pay in any establishment is entitled to claim maternity benefit if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the expected date of birth. (Section 5) A woman waiting for maternity pay can ask the employer to give her light work for a month. This request must be made at least 10 weeks before the expected date of birth. At that point you will have to produce a certificate confirming your pregnancy. You will also need to give written notice to your employer approximately 7 weeks before the birth date regarding the period of absence before and after the birth. Cash benefits Leave with average pay for 6 weeks before and 6 weeks after giving birth. Medical bonus of at least Rs. 1000 which extends to Rs. 20000 if the employer is unable to provide free medical care to the worker. Additional paid leave of up to 1 month upon presentation of evidence revealing illness due to pregnancy, childbirth, miscarriage, or premature birth. In case of miscarriage, 6 weeks leave with average pay from the date of miscarriage. Non-monetary Benefits/Privilege Light work for 10 weeks before your expected pregnancy date, if you request it. Two breastfeeding breaks in the course of her daily work until the baby reaches the age of 15 months. In case of tubectomy operation, paid leave for 2 weeks. No resignation or dismissal during maternity leave. No changes to your disadvantage in any of your working conditions during your maternity leave. A pregnant woman who is resigned or fired can still request maternity pay from her employer. Leave with pay equal to maternity pay, for a period of 6 weeks in the case of miscarriage and 2 weeks in the case of tubectomy surgery. A woman suffering from illness due to miscarriage, medical termination of pregnancy, childbirth, premature birth is entitled to an additional leave for 1 month in addition to the leave with pay equal to the maternity allowance. The law prohibits an employer from knowingly hiring a woman, or any working woman, 6 weeks immediately following the day of childbirth or miscarriage. The law prohibits the dismissal, resignation or variation of conditions of service to the detriment of any pregnant woman while she is absent for reasons under the law. You can claim maternity pay or medical bonus, even if you are discharged or fired during your pregnancy. This does not apply in case of.