Last month, my girl friend called me and asked about the HR policies applicable in India, since I studied HR. But her query is too new and strange to me.
She is working in reputed Hospitality in senior level post. She is 6 months pregnant now and is worried about the Medical benefits & maternity leave issues. Every now and then she’s calling me to find out asap.
So guys! Is there any medical benefits & maternity leave facilities legally applicable (based on our HR policies & legal practice in India) even to the working unmarried girl getting pregnant?
Otherwise, what are the criteria she has to undergo in order to get all the facilities she can get?
Please share it with me because I need to get back to her soon with accurate details.

From India, Delhi
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As long as her marital status is 'Single', she will be deprived of all maternity benefits applicable under the law. The only criterion to make her eligible for all the benefits is getting married at the very first opportunity that she comes across.

Thank you.

From India, Bhubaneswar
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His friends!
Thanks for your valuable replies.

Anyway, Mr. Samit's view seems to be quite strict, huh? She might not get the benefits and facilities entitled for pregnant women. She doesn't want to get married as she wants to raise the child single-handedly. I heard in the Western world they have a little more flexible rules and policies for women.

Anyway, this is a man's world, I guess! Women are always disadvantaged by nature too.

What is the opinion of Indian women?

From India, Delhi
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Dear Niumai,

Your friend is covered under the Maternity Benefit Act of 1961. In my opinion, maternity leave has nothing to do with the marriage of a woman employee. However, the right persons to give an opinion are Mr. Malik JS and Mr. RN Khola. They are experts in labor laws in India. I have sent a private message to them. Please wait for their comments.

Thanks,

Dinesh V Divekar

From India, Bangalore
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dear
you might have studies HR but you may not be knowing clause of maternity benefit act 1961.
every women who has worked more than 80 days in establisment is entitle for leave of 12 weeks with wages.no where it is written that she should be married.
condition is
she should be pregnent
she should have more than 80 days service.
so your girlfriend is entitlke all benefits under maternity benefit act.
regards
js malik

From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is correct. Under the Maternity Benefit Act 1961 in India, every woman who has worked more than 80 days in an establishment is entitled to 12 weeks of leave with wages, regardless of her marital status. The conditions are being pregnant and having more than 80 days of service. (1 Acknowledge point)
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  • It should not matter if she is single or married.She is still carrying. So the law would be the same. (in my opinion).
    From India, Madras
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    Agree with Malik Ji... What a strange view that an unmarried girl is not covered under the Maternity Benefit Act or ESIC. I request my citehr friends to first be sure about the law and then give views as it leads to confusion in the mind of the person who is posting the query. Please don't take it otherwise.
    From India, Vadodara
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    Dear All

    After going through the post & The Maternity Benefit Act, 1961, the woman seems to be eligible to have maternity benefit from his employer as in the Act itself it is every where written the word ‘woman’. It is also no where written that the only married woman will be entitled to have the benefit under the Act. The benefit is to be provided on the birth of a child. The Act does not say anything about legal or illegal birth of a child. The entire format provided under the Maternity Benefit Rules shows that we are to write woman’s name along with either husband’s or the father’s name . This shows that in the certificates or other formats also we can very well write father’s name instead of husband name.
    Section 3(o) of M B Act, 1961 also says that a ‘woman’ means a woman employed whether directly or through any agency for wages in any establishment.
    In the mean time I have also inquired from one of our Welfare Officer (Woman), Haryana regarding such case & on this she have intimated that a prosecution was launched in the civil court of Sonepat (Haryana) in a similar case & the same was contested by the employer but while the case was in progress they accepted the violations/charges & pays the fine. Thus the case could not be finalized on merits.
    Keeping in view the above discussion, we may say that this woman employee is entitled to have all the benefits under this particular Act.

    Comments/opinion submitted as per the request of Mr. Dinesh.

    Regards,

    R.N.Khola



    From India, Delhi
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    (Fact Checked)-[response] Based on the Maternity Benefit Act, 1961, maternity benefits are applicable to all women employees, regardless of marital status. The Act does not specify that only married women are entitled to these benefits. Therefore, the woman in question should be eligible for maternity benefits. (1 Acknowledge point)
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  • shabz
    39

    Taking into consideration the fact that the Indian government has approved live-in relationships, there must be some law that would support a woman's right to enjoy maternity benefits provided by her organization.

    Seniors, please share your knowledge.

    From India, Mumbai
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    Hi, let's see according to the law Maternity Benefit Act, 1961 (No. 53 of 1961). 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. So, the government has no objection about whether she is married or not; it's only about women's maternity benefits. Be happy; your government is liable for all benefits. Thanks. Regards, Priyatosh.
    From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-The information provided is correct. Maternity benefits under the Maternity Benefit Act, 1961, apply to all women employees, regardless of marital status. The government mandates maternity benefits for eligible female employees. Well done! (1 Acknowledge point)
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  • Observing this bizarre discussion from Canada gives pause to wonder about the status of women in India.
    <i>The entire format provided under the Maternity Benefit Rules shows that we are to write woman’s name along with either husband’s or the father’s name.</i> By father's name, does that refer to the father of the woman or the father of the baby? Why wouldn't the law just require the mother's name and baby's name on the documents? This all sounds a little too patriarchal and old-school.

    From Canada, Surrey
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    All the benefits of Maternity benefit act are given to women employee either she is married or non married, when he become pregnant.
    From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-The Maternity Benefit Act in India provides maternity benefits to all women employees, irrespective of their marital status. The user's reply is correct. (1 Acknowledge point)
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  • Act will see whether she is pregnant only. It will not see whether she is married or not. She will be eligible for all benefits. Regards V SESHADRI
    From India, Madras
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  • CA
    CiteHR.AI
    (Fact Checked)-The user's reply is correct. All pregnant women, regardless of marital status, are entitled to maternity benefits and leave as per Indian labor laws. (1 Acknowledge point)
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  • Under the Maternity Benefit Act, 1961, women employees are entitled to maternity benefit at the rate of average daily wage for the period of their actual absence up to 12 weeks due to the delivery. In cases of illness arising due to pregnancy, etc., they are entitled to additional leave with wages for a period of one month. They are also entitled to six weeks maternity benefit in case of miscarriage. The Maternity Benefit Act, 1961 also makes certain other provisions to safeguard the interest of pregnant women workers.

    One can see here that the Maternity Benefit Act can be availed by pregnant women/woman - it does not say married pregnant woman.

    I remember when studying for my PG Diploma in IR and Personnel Mgt, we discussed a case law relating to a similar situation. It happened in the state of Maharashtra that a single unwed woman claimed Maternity Benefit which was denied by her employers (then the Post and Telegraphs Department) on the grounds that she was unmarried. The Supreme Court ruled in her favour and said that while Paternity is always a matter of doubt, Maternity can never be and upheld her right to claim Maternity Benefit on the grounds that the law never spoke of a condition that the woman must be married to avail Maternity Benefit. Though I cannot remember the name of the Case, I will try to find out and post it.

    Further, this is a discussion of a legal point, why are some people making it a moral debate. It's a completely personal decision of the lady in question.

    And to the person from Canada who is reading this discussion, let her be assured that the status of women in India is good, if it wasn't, we would not have so many women HR professionals participating in such a discussion.

    Regards,

    Kirti

    From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is [B]correct[/B] in mentioning that the Maternity Benefit Act in India does not specify that maternity benefits are only applicable to married women. The reference to a Supreme Court ruling in Maharashtra supporting the right of an unmarried woman to claim maternity benefits is also accurate. (1 Acknowledge point)
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  • hai Your friend is covered under Materinity Benifit act 1961. this act covers weather she get married or not and also after continous 2 yrs. service
    From India, Delhi
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    Dear All,

    As per the attached maternity benefit act, it is clearly mentioned the any woman can claim the benefits under the maternity benefit act.

    It is not composure that the woman should be pregnant. Please go though the Form A on the page no 18 of the attached act. It is mentioned the "Name of Women and her father's (or, if married, husband’s) name. This clearly shows that, if the woman is not married then also she can get the benefit under the maternity act.

    Please feel free to contact under sign, for any further clarification / assistants required.

    Thanks & Regards
    Kumar Gourav

    From India
    Attached Files (Download Requires Membership)
    File Type: doc thematernitybenefitact,1961.doc (213.0 KB, 153 views)

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    Dear,

    As per your statement, she is in a senior post, so I think she is not covered by ESIC. Therefore, she is eligible for medical benefits as well as medical leaves under the Maternity Benefit Act of 1961. According to the Act of 1961 (Sec 2 (2)), every woman who is not covered under ESIC is eligible for benefits under this act in certain cases. It is not mandatory for her to be married.

    Regards,

    CHANDRA

    From India, Gurgaon
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  • CA
    CiteHR.AI
    (Fact Checked)-The user's reply is correct. Maternity Benefit Act 1961 provides maternity benefits to all women, whether married or unmarried, not covered under ESIC. (1 Acknowledge point)
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  • Hi numai, There is no separate HR policy for pregnant women whether married or Unmarried. However, the clause of maternity benfit act of 1961 is applicable here
    From India, Bangalore
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    Dear Ash,

    You are right, and you should be more confident in your reply. Such confidence will come when you study the law in depth and thereby acquire knowledge and expertise. Unless you have expertise and better knowledge, you cannot help others.

    This is to answer your remarks once made in this forum, which I am quoting herewith:

    - "I believe the forum here is to discuss & help one another, and not to have a battle over 'Look who knows better!'"
    - "I don't understand the relevance of your last lines in Testing someone's knowledge. Why?"

    And I am also quoting my "last lines in testing someone's knowledge. Why?":

    "If we do not know the date of delivery, we are not sure about the dates regarding Maternity Leave. But the lady is still entitled to Maternity Leave Benefit, which is enshrined in the Act, and the Government of India guarantees it.

    Secondly, just a question to test knowledge of Maternity Benefit: 'Can you answer me, if an unmarried woman or a widow, can get Maternity Leave under the Act or not?'"

    I hope the "Why?" of yours is getting addressed now. The answer is: YES, even if a woman is unmarried or a widow, she is still entitled to Maternity Benefit.

    As many members have correctly pointed out, MBA 1961 does not specify the marital status of the concerned woman as the objective of the Act is to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child.

    It is an Act that celebrates the joy and recognizes the pains of "motherhood" and the dignity of women; and every working woman should know this Act and appreciate the government of their motherland!

    Note: Dear Members,

    The idea here is not to personalize issues but rather to illustrate the utility and usefulness of discussions on CiteHR.com, which is dedicated to the cause of HR professionals.

    You can view the entire earlier thread and benefit from the posts by clicking this link:
    https://www.citehr.com/190757-can-she-avail-maternity-benefit.html

    Warm Regards.

    From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-[response] The user reply is correct. It is important to note that the Maternity Benefit Act of 1961 in India does not specify the marital status of the woman, thus ensuring that even unmarried or widowed women are entitled to maternity benefits. (1 Acknowledge point)
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  • My dear friend Niumai,
    If you have taken the trouble of studying the Maternity Benefits Act 1961 or gone through CiteHR regularly (of which you are a member since Sep. 2007); you would not have been asking for opinion.
    As already opined by our learned members Mr. Malik, Mr. Khola and others, this is to reiterate that your (unmarried) girlfriend is entitled to all benefits under the Maternity Benefit Act 1961, provided she has completed 80 days of service and you can produce a medical certificate in respect of her pregnancy.
    Congratulations !!! :-D
    and Warm Regards.

    From India, Delhi
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  • CA
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    (Fact Checked)-The user reply is correct. Unmarried women are entitled to maternity benefits under the Maternity Benefit Act 1961 in India, provided they meet the service duration and medical certificate requirements. (1 Acknowledge point)
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  • Dear Raj Kumar,

    Let's stick to what matters. I don't understand why you are trying so hard to justify yourself. If you feel that you did the right thing, then why these efforts to justify your points?

    In my opinion and understanding of the law, I know that nowhere is it mentioned that only a married woman can get maternity benefits. My point is - married or not, she is still pregnant... pregnancy is what the law talks about. I don't know if labor laws anywhere mention marriage. If they do, kindly enlighten me...

    And about the dates for maternity leave - obviously, you can't have any period between the 9-month gap as "maternity off"... it matters to be close to the date!

    Back to square one - let's stick to the topic!

    From India, Madras
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    sure, She is going to be a mother and marriage or no marriage she will get all the maternity benifits...Wish ur girlfriend a happy motherhood
    From India, Chandigarh
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    Hi to all,

    Mr. Malik, Mr. Khola, Mr. Raj Kumar, and Mr. Asha Mathew have rightly defined the MB Act, and they are all correct in saying that whether a woman is married or single, if she gets pregnant, she has the legal right to claim the benefits of the MB Act.

    Mohan Rao
    Manager HR

    From India, Visakhapatnam
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  • CA
    CiteHR.AI
    (Fact Checked)-The user's reply is correct. Maternity benefits under the Maternity Benefit Act apply to all women, regardless of their marital status. (1 Acknowledge point)
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  • As all have read and stressed by the senior members, Maternity Benefit is applicable irrespective of the Marital Status. The child being born to a single, unmarried mother needs the same care and concern as one who is married; this does not change.

    Having said that, in the society we live in, we all know how children and ladies are looked down upon when such things happen. Personally, this should not happen as we don't know each one's situation and the circumstances as to why something happened, but we can't change everyone. The best approach is to avoid our child from any such malice and harsh situations by taking precautions and providing each child a healthy and safe environment to live.

    Regards,
    Gargi V. Shetty

    From India, Bangalore
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    My dear pussyrani,

    You have joined on 12/09/09, and this is your first post. I welcome you on behalf of this site.

    To answer your query: Minimum wages differ from state to state and category to category of workers, as notified by the respective Labour dept. from time to time. Please search CiteHR for more info, as this has been discussed in various threads.

    Regards.

    From India, Delhi
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  • CA
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    (Fact Checked)-[response] Minimum wages are set by each state in India under the Minimum Wages Act, varying by state and type of work. Check state-specific notifications for accurate rates. (1 Acknowledge point)
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  • Hi all,

    Since an unmarried woman would like to have a child and is pregnant, it is a strange and rare issue in India and its culture. The people who framed the Act did not consider such a situation in the Maternity Benefit (MB) Act. They enacted the Act according to Indian culture.

    In the mentioned Act, eligibility for MB benefits for women is not specified based on marital status. Any woman who is pregnant and has completed 80 working days in an organization, establishment, industry, company, shop, or factory is eligible to claim maternity benefits as per the current Act in force.

    As the law does not differentiate between married and unmarried women regarding eligibility for maternity benefits, unmarried women can claim maternity benefits under the benefit of the doubt.

    Mohan Rao Manager HR

    From India, Visakhapatnam
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    Thank you, Mr. Malik, for your valuable information. Now, she has also consulted a legal professional and received numerous positive feedback. Additionally, she will receive medical insurance and maternity leave facilities too. Our Indian system is also progressing towards a brighter future.


    From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-The information provided by Mr. Malik is accurate regarding the entitlement of maternity benefits under the Maternity Benefit Act, 1961 in India. Unmarried women are also eligible for maternity leave if they meet the specified conditions. (1 Acknowledge point)
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  • Mr. Malik and Mr. Dinesh,

    This has been a very new topic to learn and discuss. Thank you both for sharing your views and making us aware. Please post more details pertaining to such new topics.

    Thanks,
    Sathish

    From India, Hyderabad
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    Hi,

    I am amused by the question you asked. As far as I know, there is no law in India where you can get the benefits, but in Western countries like the UK, you can benefit from this. In the case of a single mother, she is eligible for all the benefits, including the child welfare benefit. If the mother is sick after her delivery, the government will pay her money for herself and her childcare.

    From India, Hyderabad
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