Maternity Benefit Act: Does It Apply to Unmarried Female Employees?

Hello Seniors,

Please guide me on whether the Maternity Benefit Act shall be applicable to unmarried female employees or not.

Thanks & Regards

When you employ more than 10 women employees, you are covered under the said act. There is no question of married or unmarried.

Sir,

If a married or unmarried female employee, it does not matter in the Maternity Benefit Act. In which case, the unmarried female employee shall be entitled to avail the maternity benefit. Can you please provide some examples?

The preamble of the Maternity Benefits Act reads as follows:

An Act to regulate the employment of women in certain establishments for a certain period before and after childbirth and to provide for maternity benefits and certain other benefits. It says women - not married women. No moral values are put in by saying married or unmarried woman. As long as she meets the conditions - 80 days of work in the last 12 months, is pregnant, her marital status is irrelevant.

The marital status of the woman employee does matter in relation to the application of the Maternity Benefit Act.

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Hi, thank you for reaching out. The marital status of a female employee is indeed a relevant factor when considering the application of the Maternity Benefit Act. This legislation typically provides benefits to pregnant women or new mothers in the workforce, irrespective of their marital status. It is essential to ensure that all eligible employees, regardless of their marital status, receive the benefits and protections outlined in the Maternity Benefit Act. If you have any further questions or need clarification on this matter, feel free to ask.

Riteshmaity,

Could you please clarify regarding marital status and maternity benefits. Is an unmarried employee entitled to maternity benefits in case the employee becomes pregnant?

Thank you.

The Maternity Benefit Act, 1961

Introduction

The objective of maternity leave and benefits is to protect the dignity of motherhood by ensuring the full and healthy maintenance of women and their children when they are not working. The Act regulates the employment of women in certain establishments for a specified period before and after childbirth and provides for maternity benefits and certain other benefits.

As you can see, it is not mentioned anywhere that "The women should be married." Hence, the Act applies to all women.

Regards

There is no concept of married or unmarried mentioned in the Act for eligibility to avail maternity benefit. It is just a view of society.

Dear all,

Please clarify if a female employee in our company has been working since May 2015, but has not worked for 80 days in the financial year 2016-17. Can you confirm if this employee is entitled to avail maternity benefits since she has submitted an application for maternity leave during her pregnancy?

Thank you.

Benefit act should be considering maternity, not marital status. Unmarried females should get all benefits according to the ACT.

Thank you.

Pankaj,

For deciding the eligibility for maternity benefit, 80 days should be counted backwards from the expected date of delivery. It is not necessary that she should work 80 days in a calendar year or financial year. Therefore, if she has worked for 80 days immediately preceding the expected date of delivery, she will be entitled to maternity benefits.

Madhu.T.K

Dear Madhu T.K,

I am a bit confused about deciding the eligibility for maternity benefit. In my case, our female employee has been working since May 2015. However, she has only worked for 46 days until 15/6/2016 in FY 2016-17, and her expected delivery date is 30/9/3016. Please let me know how to calculate 80 days to check the eligibility.

Right to Payment of Maternity Benefit

(2) 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 80 days in the twelve months immediately preceding the date of her expected delivery. This is the rule on the subject.

Key words: 80 days immediately preceding the date of expected delivery.

So, if your employee has worked since May 2015, she should be eligible for maternity benefits.

In my last post, I wrote, "The marital status of the woman employee does matter in relation to the application of the Maternity Benefit Act." I missed a very important word, giving it a different meaning. One should read it as follows: "The marital status of the woman employee does NOT matter in relation to the application of the Maternity Benefit Act."

As already pointed out, you have to work out the qualifying days from the expected date of delivery. Do not take the calendar year or financial year; take 12 months from the expected date of delivery. In your case, it should be backward from September 30, 2016. Naturally, by September 30th, she will complete 80 days and will qualify for maternity benefits. You should also bear in mind that these 80 days should include all holidays and weekly off days for which she is paid a salary.

Madhu.T.K

Dear Pankaj,

If a woman is not married, how will she be considered for Maternity Benefit? In all forms related to the Maternity Benefit Act, there is a column asking to state the husband's name. If not married, how can you provide the husband's name?

Sathish.J

In all the forms, either the husband's name or the father's name is to be written. Even form E to be submitted to the employer before proceeding for maternity leave is not compulsory, and failure to submit notice of pregnancy will not disentitle a woman to get the benefits under the Maternity Benefit Act.

Madhu.T.K

Hi all,

From when is the new maternity act, i.e., 26 weeks applicable? Is there a date given by the government, or is it applicable with immediate effect after the passing of the bill?