Unmarried girl get pregnant, whether she's eligible to avail the maternity benefit? - CiteHR
Statutory Complaince/labour & Employment
Prakash Perumal
Hr Professional
Kirti Shivakumar
Professor-hr/ob ,trainer
Private Consultant On Labour Laws
+1 Other

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Dear Seniors, If a unmarried girl get pregnant, whether shes eligible to avail the maternity benefit ???????
Yes she will get maternity benefit irrespective of her marital status.
Dear Kkeshu,

The unmarried girl is entitled to get the maternity benefit with no regression. There is no word in the "MATERNITY BENEFIT ACT" like the married women only should get the maternity benefits and there is no age factor is mentioned. So the girl (If she is below 17 age) is eligible.

Objective of Maternity benefit act is :

Motherhood is a very special experience in a woman’s life. A woman needs to be able to give quality time to her child without having to worry about whether she will lose her job and her source of income. That is where the concept of maternity leave and the benefits it entails, comes in handy. The Maternity Benefits Act, 1961, gives her the assurance that her rights will be looked after while she is at home to care for her child.

The object of the Act is to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefits and certain other benefits. To be eligible for maternity benefit, a woman should have worked in an establishment for not less than 80 days in the twelve months immediately prior to the date of her expected delivery.

The maximum period for which any woman can be entitled to maternity benefit is twelve weeks. This includes six weeks up to and including the day of her delivery and six weeks immediately following that day.

The women employee is eligible to benefit with the medical bonus amount of three thousand and five hundred rupees.

Thanks and Regards

Prakash perumal

Dear Mr. Prakash,
Your explanation is good but there are some changes has been made in 2013. Now it is not 12 weeks(90 days). It is 80 days. And I am not sure about the medical bonus because it depends on salary. Kindly let me know if you wish to change my thoughts.

Dear keshu,
The definition of woman under Section 2(o) of The Maternity Benefits Act, 1961 do not demarcate between married and unmarried woman. It defines the "woman" means a woman employed, whether directly or through any agency, for wages in any establishment. This is also evident from the fact that in the various Forms prescribed under Maternity Rules asks the name of the woman, wife/daughter of Sh X,Y or Z, and nothing else, which, I hope,clear your doubt and answer your query as well.
BS Kalsi
Member since Aug 2011

there is no change in benefits, its 12 weeks still, condition of 80 days is only for eligibility ( continuious service of not less than 80 days ). Maternity Bonus in case of women employee covered under ESI act then Rs 5000/- and if not covered under ESI Act then Rs 3500/-, subject to if the employer is not provided any arrangement on not done by employer for confinement.
Dear Friends ,
A unmarried lady employee of P&T (when Posts and Telgraphs were a joint entity) had claimed Maternity Benefit which was rejected by her employers on the grounds that she was unmarried. The Supreme Court had given a landmark judgement when it said " Paternity is always a matter of doubt , the man knows that he is the father only when he is told so , but maternity is never a matter of doubt. We are not here to judge the morality of the case , we are here to give the woman the benefits that she deserves. The law says woman employee and not married woman employee , so the question of refusing maternity benefit to a woman because she is not married does not arise at all."
So the marital status of a woman who claims Maternity Benefit should not be a consideration at all.

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