Understanding the Maternity Benefit Act, 1961: What Does It Mean for You?

Hi All,

Please find the PowerPoint presentation on the Maternity Benefit Act, 1961.

Thanks,
Kalpana S.H.

Hi Kalpana,

Thanks! Great ppt. Just want to check, has the 80-day working clause preceding maternity leave increased to 160 days?

Appreciate your help!

Regards,
Garima

Hi Kalpana,

I have one question - can the employee resign while on maternity leave?

Regards,
Sheela

Dear Sir,

I am working in the Rajasthan Government and I delivered a baby on 29/08/2010. I am on earned leave from 29/08/10 to 16/09/10. Simultaneously, I got transferred upon my self-request on 30/08/10. In compliance with the order, my officer relieved me on 10/09/10 to the new place of posting.

Can I join at the new place of posting and avail maternity leave after three weeks of delivery, i.e., from 27/09/10 to six weeks? Please help me and guide me on which rule, guideline, or order of the state or central government can assist me in this matter.

Regards,
Ritu
Sr. Teacher (Maths)
Govt. of Rajasthan

Can anyone please let me know how many children an employee can have to avail of this maternity benefit, and what should be the duration between the children? It's quite urgent.

Maternity Benefit Under The Maternity Benefit Act, 1961

Maternity benefit under The Maternity Benefit Act, 1961, is available for any number of births of a child. No specific duration is provided under this Act.

With regards,
R.N.Khola

"Can anyone please let me know how many kids an employee can avail this maternity benefit for and what should be the duration between the kids... it's quite urgent."

No recent amendments have been noticed in the Maternity Benefit Act of 1961.

Regards,
R.N.Khola

She has to inform the company two months in advance, and the maternity leave cannot exceed 12 weeks.

Please let us know which section or rule of the Maternity Benefit Act, 1961 states that an employee must provide two months' advance notice to the employer to avail of maternity benefits.

Thank you.

Regards,
R.N.Khola

Understanding the Maternity Benefit Act, 1961

Even if the provisions of the Maternity Benefit Act, 1961 state a 2-month prior notice to the employer before seeking maternity benefits, she should not be denied the maternity benefit if she does not serve the notice. The provisions of the Maternity Benefit Act, 1961 state that the woman may serve a 2-month notice. The logic behind this is that the employer should not escape from the liability by claiming she has not served the notice. There is strict liability on the part of the employer to pay the maternity benefit in case she works 80 days preceding the expected date of delivery.

I am joining a company on third-party payroll in January 2017. If I become pregnant in the month of February, am I eligible for maternity benefits under the Maternity Benefit Act?