Understanding Paternity Benefits: Are Husbands Covered Under Maternity Benefits?

Can anyone define for me if there are any benefits provided to the husband in the maternity benefits, i.e., paternity benefits?

Regards, Bharat

Under the Maternity Benefit Act, there is no benefit offered to the husband of the woman employee. Similarly, the Act is silent about marriage being a precondition for maternity benefit. Therefore, it shall be construed that an unmarried woman can also claim maternity benefit provided she has rendered at least 80 days of service with the company during the 12 months immediately preceding the date of or expected date of delivery.

Regards, Madhu.T.K

The preamble of the Maternity Benefit Act, 1961, states that it is "an Act 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." There is no mention of married women. Again, section 3(o) defines a woman as " 'woman' means a woman employed, whether directly or through any agency, for wages in any establishment." Here also, there is no mention of married women. Therefore, for an employer to pay maternity benefits, pregnancy and childbirth are the two conditions to be satisfied, and the employer is not supposed to be concerned with whether the woman claiming maternity benefits is married or not. If it had been available only to married women, wouldn't there arise a problem where the employer should ensure that the employee's child is really the child of her own husband?

Regards, Madhu.T.K

There is provision of paternity leave for a male government servant (with less than two surviving children) for a period of 15 days during the wife's confinement.

Understanding Maternity and Medical Leave

Maternity leave is different from medical leave, which is available to both male and female employees and can be taken in fractions. Maternity leave, on the other hand, is exclusively available to female employees, and the 12-week leave period must be taken continuously.

Regards,
Madhu.T.K