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Purpose & Object
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The Maternity Benefit Act, 1961 has been enacted to regulate the employment of women in certain establishments for a certain period before and after the child birth and also to provide for maternity and other benefits.
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Applicability
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- Maternity Benefit Act, 1961 extends to whole of India.
- It applies to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;
- It also applies to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which 10 or more persons are or were employed on any day of the preceding 12 months;
- Maternity Benefit Act, 1961 is not applicable on any factory or other establishment to which the provisions of ESI Act, 1948 apply.
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Eligibity for Maternity Benifits
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- Every woman shall be entitled to maternity benefit;
- No woman shall be entitled to maternity benefit unless she has actually worked in an establishment for a period not less than 80 days during 12 months immediately preceding the date of her expected delivery.
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Maternity Benefits
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- Maternity Benefits may be claimed for a maximum period of 28 weeks.
- Maternity Benefits are calculated at the rate of Average Daily Wages for the period of her actual absence.
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