What is the Maternity Benefit Act 1961?

What is the Maternity Benefit Act 1961?

An Act to regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits. 1. Short title, extend and commencement. — (1) This Act may be called the Maternity Benefit Act, 1961.

What are the benefits under the Maternity Benefit Act 1961?

Introduction. The Maternity Benefit Act, 1961 is a legislation that protects the employment of women at the time of her maternity. It entitles women employees of ‘maternity benefit’ which is fully paid wages during the absence from work and to take care of her child.

When was the Maternity Benefit Act amended?

The Maternity (Amendment) Bill 2017, an amendment to the Maternity Benefit Act, 1961, was passed in Rajya Sabha on 11 August 2016, in Lok Sabha on 9 March 2017, and received an assent from President of India on 27 March 2017.

What are the amendments made in the Maternity Benefit Act 2017?

Maternity leave for adoptive and commissioning mothers: The MB Amendment Act extends certain benefits to adoptive mothers as well and provides that every woman who adopts a child shall be entitled to 12 weeks of maternity leave, from the date of adoption.

What are the rules of maternity leave?

All employees, including casual employees, are entitled to 12 months of unpaid parental leave, plus an additional 12 months if they request it. This leave can be taken when: the employee gives birth. the employee’s spouse or de facto partner gives birth, or.

Why Maternity Benefit Act 1961 is formed?

MATERNITY BENEFIT ACT, 1961 The Object of the Act is to protect the dignity of motherhood and the dignity of a new person’s birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.

When and how is maternity benefit paid under the Maternity Benefit Act?

The Maternity Benefit Act provides that a woman will be paid maternity benefit at the rate of her average daily wage in the three months preceding her maternity leave. However, the woman needs to have worked for the employer for at least 80 days in the 12 months preceding the date of her expected delivery.

What are maternity benefits?

Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence.

Who are entitled to claim maternity benefits under the Maternity Benefit Act 1961?

Maternity benefit in India is mainly governed by the Maternity Benefit Act, 1961 that applies to all shops and establishments with 10 or more employees. Those women who work in factories with 10 or more workers are given maternity benefits as available under the Employees’ State Insurance Act, 1948.

What are the rules for maternity leave?

All employees, including casual employees, are entitled to 12 months of unpaid parental leave, plus an additional 12 months if they request it….This leave can be taken when:

  • the employee gives birth.
  • the employee’s spouse or de facto partner gives birth, or.
  • the employee adopts a child under 16 years of age.

Who’s eligible for maternity leave?

For casual employees to be eligible for unpaid parental leave they need to have: been working for their employer on a regular and systematic basis for at least 12 months. a reasonable expectation of continuing work with the employer on a regular and systematic basis, had it not been for the birth or adoption of a child …

What are the maternity benefits in India?

According to the Maternity Benefit Act female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks leave is post-natal leave. In case of miscarriage or medical termination of pregnancy, a worker is entitled to six weeks of paid maternity leave.