Benefits under the Maternity Benefit Act, 1961

Section 4 (3): No pregnant woman shall, on a request being made by

her in this behalf, be required to do in the period of 1 month
immediately preceding the period of 6 weeks before the date of her
expected delivery or any period during the said period of 6 weeks for
which the pregnant woman does not avail of leave of absence under
Section 6, any work which is of an arduous nature or which involves
long hours of standing, or which in any way is likely to interfere with
her pregnancy or the normal development of her baby, or is likely to
cause her miscarriage or otherwise adversely affect her health

Section 5 (1): Every woman shall be entitled to the payment of

Maternity Benefit at the rate of average daily wage for the period of
absence for Maternity, i.e., the period immediately preceding the day
of her delivery, the actual day of her delivery and any period
immediately following that day

Section 5 (3) and proviso: The maximum period for which any
woman shall be entitled to Maternity Leave shall be 26 weeks, of which
no more than 8 weeks shall precede the date of her expected delivery,
provided that the maximum period entitled to maternity benefit by a
woman having two or more than two surviving children shall be twelve
weeks of which not more than six weeks shall precede the date of her
expected delivery

Section 5 (4): A woman who legally adopts a child below the age of
three months or a commissioning mother (means a biological mother
who uses her egg to create an embryo implanted in any other woman,
Section 3 (b) (ba)) shall be entitled to maternity benefit for a period
of 12 weeks from the date the child is handed over to the adopting
mother or the commissioning mother, as the case may be.

Section 5 (5): In case where the nature of work assigned to a woman

is of such nature that she may work from home, the employer may
allow her to do so after availing of the maternity benefit for such period
and on such conditions as the employer and the woman may mutually
agree.
 Section 6 (5): The amount of maternity benefit for the period
preceding the date of expected delivery shall be paid in advance to
the woman on production of proof that the woman is pregnant, and the
amount due for the subsequent period shall be paid to her within 48
hours of production of such proof that she has been delivered of a child

Section 7: If Maternity Benefit or any amount under the Act payable

to a woman cannot be paid on account of the womans death, the
womans Nominee nominated in the Notice given by the woman under
Section 6 shall be paid the said amounts, and in the event of there
being no nominee, he Legal Representative shall be paid the said
amounts.

Section 8, Rule 4 (1), Form 2: Every woman entitled to Maternity

Benefit under the Act shall also be entitled to receive Medical Bonus of
Rs. 2,500 to Rs. 3,500 (Rupees Two Thousand Five Hundred to Three
Thousand Five Hundred).

Section 9, Rule 5(1) (a), Form 3: In case of miscarriage or medical

termination of pregnancy, a woman shall be entitled, on production of
proof, to leave with wages at the rate of Maternity Benefit for a period
of 6 weeks immediately following the day of miscarriage or medical
termination of pregnancy.

Section 9-A: In case of tubectomy operation, a woman shall be

entitled, on production of proof, to leave with wages at the rate of
Maternity Benefit for a period of 2 weeks immediately following the day
of her tubectomy operation.

Section 10, Rule 5 (1), Form 2: A woman suffering from illness

arising out of pregnancy, delivery, premature birth of child,
miscarriage, medical termination of pregnancy or tubectomy operation
shall be entitled, on production of proof, in addition to the period of
absence allowed under Section 6 or Section 9, to leave with wages at
the rate of Maternity Benefit for a maximum period of 1 month.

Section 11, Rule 6: Every woman delivered of child who returns to

duty after such delivery shall, in addition to the interval for rest
allowed to her, be allowed in the course of her daily work 2 breaks of
 prescribed duration for nursing the child until the child attains the age
of 15 months.

Section 11 A (1): Every establishment having 50 or more employees

shall have the facility of crche within such distance as may be
prescribed, either separately or along with common facilities, Provided
that the employer shall allow four visits a day to the crche by the
woman, which shall also include the interval for rest allowed to her.

Section 11, Rule 6: Every woman delivered of child who returns to

duty after such delivery shall, in addition to the interval for rest
allowed to her, be allowed in the course of her

Section 12: No woman shall be discharged or dismissed any woman

during Maternity Leave nor shall conditions of service be varied or
disadvantaged.

Section 13: No deductions from the normal and usual daily wages of a
woman entitled to Maternity Benefit shall be made by reason only of
the nature of work assigned to her by virtue of provisions of Section 4
(3), or Section 11.

I undersigned, have read and understood the above mentioned amended

benefits as per The Maternity Benefit (Amendment) Act, 2017.

Signature: ______________________

Name: ________________________________ Department:

_______________________

Date:_________________________________ Designation:
_______________________