Maternity Benefit Act 1961 - Pdf Download - CiteHR
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Mukesh Tank
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Hi All,
I have a query:-
For availing maternity leaave, a female employee needs to work for 80 days/ 180 days in an organisation ?
At some places, its mentioned 80 whereas some mentions 180. which one is the correct one?
Pl reply.
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Dear Member An employee should have worked for minimum 80 days in the preceding 12 months ... regards, Aparna
Hello Dear HR The female staff who has worked at least eighty (80) days in Twelve Months preceding the date of her delivery is eligible for the maternity leaves.
Hi Sunshine, It was 160 days earlier but w.e.f. 10-Jan-1989 vide amendement act no. 61 of 1988 the said number 160 is changed to 80 days. CS Mukesh TANK
I want to know, If women working from one year in some company, and she want maternity leave & 1 month extra leave, suppose management sanction her leave, she want to join after maternity. but management dont want to take her rejoin, then what she have to do
You wrote -If the leaves were sanctioned by the authorities in a proper manner then she can file a case against the company and there are HUndred percent chances to win the case as it is Illegal to not accept a female employee in company once she is back from her Maternity leaves.
Dear Mr.Manohar Kadam,
A small correction in your statement, Maternity benefit act does not indicate that the women should be married to claim Maternity benefit. So any woman who has fulfilled the eligibility criteria can claim Maternity benefit.
Dear Member
Women indulging temporary of unmarried are eligible for
maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery
Hi Friends,
What if the woman has not worked for 12 months, but have completed 80 days =
and what if the woman has not worked for 12 months and also have not complted 80 days.
80 days is 2 months and 20 days. Suppose we recruit an woman employee and she has not completed even 80 days and claims for MB can we give her the benefits. As per my understanding NO. This means that employer must be careful at the time of appointing female employee's
But please discuss about the case in which woman works for 80 days but not completed 12 months.
CS Mukesh TANK
I am in agreement with the statement of Mr. Mukesh Tank. However to supplement his views, it is for your information that the said provision of even the minimum limit of 80 days is not applicable on a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Extract of the amended Section 5(2) of the Act is reproduced below for the general guidance of one and all.

Extract of Sec. 5(2) of the Maternity Benefit Act 1961, as amended vide The Maternity Benefit (Amendment) Act, 1988 (61 of 1988 )

No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [eighty days]1 in the twelve months immediately preceding the date of her expected delivery:

Provided that the qualifying period of [eighty days]2 aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment 1[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

Details of Amendment

1 Subs. by Act 61 of 1988, Section 4, for “one hundred and sixty days” (w.e.f. 10-1-1989)

2 Subs. by Act 61 of 1988, Section 4, for “one hundred and sixty days” (w.e.f. 10-1-1989)

The Amended Act of 1961 is also attached below for the general guidance of all.

Attached Files
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