Maternity Benefit Act [Thread 260356]

Can Any one define me
Is there any benefit provides 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 of 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 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, says that it is "an Act to regulate the employment of WOMEN in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits". There is no mention about married women. Again section 3 (o) defines woman as " "woman" means a woman employed, whether directly or through any agency, for wages in any establishment. Here also there is no mention about married woman. Therefore, for an employer to pay maternity benefits, pregnancy and child birth are the two things to be satisfied and he is not supposed to be concerned whether the woman claiming maternity benefit is married or not. Had it been available only to married woman then shouldn't there arise a problem that 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 to a male Govt. servant (with less than two surviving children) for a period of 15 days during wife's confinement.

No, Maternity leave is different from medical leave which is available both to men and women employees and can be availed in fractions whereas the former is available only to women employees and the leave (12 weeks) shall be availed in one stretch.
regards,
Madhu.T.K