Last month, my girl friend called me and asked about the HR policies applicable in India, since I studied HR. But her query is too new and strange to me.
She is working in reputed Hospitality in senior level post. She is 6 months pregnant now and is worried about the Medical benefits & maternity leave issues. Every now and then she’s calling me to find out asap.
So guys! Is there any medical benefits & maternity leave facilities legally applicable (based on our HR policies & legal practice in India) even to the working unmarried girl getting pregnant?
Otherwise, what are the criteria she has to undergo in order to get all the facilities she can get?
Please share it with me because I need to get back to her soon with accurate details.
10th September 2009 From India, Delhi

Dinesh Divekar
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As long as her Marital Status is 'Single', she will be deprieved of all Maternity Benefits applicable under the Law. The only criterion to make her elligible for all the benefits is, getting married at the very first opportunity that she comes across..
10th September 2009 From India, Bhubaneswar

His frens!
THanx 4 ur valuable replies.
Anyway, Mr. Samit's view seems to be quite a strict one huh...She might not get the benefits & facilities entitled for pregnant woman,. She don't wanna get married as she wanted to raise the child singlehandedly. I heard in western world they have a litle flexible rules & policies for the women.
Anyway, this is man's world i gues!!!Woman is always disadvantaged by nature too.
What is the opinion of Indian women??
11th September 2009 From India, Delhi

Dear Niumai,
Your friend is covered under Maternity Benefit Act 1961. In my opinion, maternity leave has nothing to do with marriage of woman employee.
However, the right persons to give opinion are Mr Malik JS and Mr RN Khola. They are the experts of labour laws in India. I have written private message to them. Please wait for their comments.
Dinesh V Divekar
11th September 2009 From India, Bangalore

malikjs 145
you might have studies HR but you may not be knowing clause of maternity benefit act 1961.
every women who has worked more than 80 days in establisment is entitle for leave of 12 weeks with wages.no where it is written that she should be married.
condition is
she should be pregnent
she should have more than 80 days service.
so your girlfriend is entitlke all benefits under maternity benefit act.
js malik

11th September 2009 From India, Delhi

It should not matter if she is single or married.She is still carrying. So the law would be the same. (in my opinion).
11th September 2009 From India, Madras

Agree with Malik Ji...
What a strange view that unmarried girl is not covered under Maternity Benefit Act or ESIC.
I request to my citehr friends to first be sure about law and then give views as it leads to confusion in the mind of person who is posting the query..
Pls don't take it otherwise..
11th September 2009 From India, Vadodara

R.N.Khola 225
Dear All

After going through the post & The Maternity Benefit Act, 1961, the woman seems to be eligible to have maternity benefit from his employer as in the Act itself it is every where written the word ‘woman’. It is also no where written that the only married woman will be entitled to have the benefit under the Act. The benefit is to be provided on the birth of a child. The Act does not say anything about legal or illegal birth of a child. The entire format provided under the Maternity Benefit Rules shows that we are to write woman’s name along with either husband’s or the father’s name . This shows that in the certificates or other formats also we can very well write father’s name instead of husband name.
Section 3(o) of M B Act, 1961 also says that a ‘woman’ means a woman employed whether directly or through any agency for wages in any establishment.
In the mean time I have also inquired from one of our Welfare Officer (Woman), Haryana regarding such case & on this she have intimated that a prosecution was launched in the civil court of Sonepat (Haryana) in a similar case & the same was contested by the employer but while the case was in progress they accepted the violations/charges & pays the fine. Thus the case could not be finalized on merits.
Keeping in view the above discussion, we may say that this woman employee is entitled to have all the benefits under this particular Act.

Comments/opinion submitted as per the request of Mr. Dinesh.



11th September 2009 From India, Delhi

shabz 34
Taking into consideration the fact that Indian goverment has approved Live-in relationship, there must be some law which would support her right to enjoy maternity benefits provided by her organisation.
Seniors please share your knowledge.
11th September 2009 From India, Mumbai

monuda 17
lets see according to law
(No. 53 of 1961)1
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.
so govt is no objection abt her married or not its only abt woman maternity so be happy ur govt is liable for all benifit.....
11th September 2009 From India, Delhi

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