The document discusses the Maternity Benefit Act of 1961 which aims to provide healthy maintenance for pregnant women employees and their children. Key provisions include: 1) The Act applies to factories, mines, plantations, and other establishments employing 10 or more people. 2) Pregnant women cannot perform arduous, long hours of standing, or other work that could harm their pregnancy. 3) Women are entitled to paid maternity leave of 6 weeks before and after delivery if they have worked 80 days in the past year, as well as benefits for miscarriage, illness, or premature birth.

1. Compensation Management 09-11 1
COMPENSATION MANAGEMENT
MATERNITY BENEFIT ACT, 1961
IIPM 09-11

2. OBJECTIVE
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 To provide healthy maintenance of pregnant
wo m e n e m p l o y e e a n d h e r c h i l d
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3. SCOPE & COVERAGE OF ACT
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 Act Applies to;
 E v e r y e s t a b l i s h m e n t b e i n g a f a c t o r y, m i n d o r p l a n t a t i o n
 Any such establishment belonging to gover nment &
wherein persons are employed for equestrian, acrobatic &
other performances
 To ever y shop or establishment wherein 10 or more
persons are employed
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4. DEFINITIONS
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 Appropriate Gover nment
 Child – includes a still born child
 Deliver y – birth of child
 Employer:
 Establishment which is under the control of govt.(HOD)
 In relation to an establishment under any local
authority(Chief Executive Officer)
 In any other case, the person who has the ultimate
control over affairs – Manager or Managing Director
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5. CONTD…
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 Miscarriage – expulsion of the pregnant uter us at any
p e r i o d p r i o r o r d u r i n g t h e 2 6 th w e e k o f p r e g n a n c y b u t d o e s
not include any miscarriage.
 Wa g e s – a l l r e m u n e r a t i o n p a i d o r p a y a b l e i n c a s h t o w o m a n .
It includes:
 Cash allowances
 Incentive bonus
 Money value of concessional supply of food grains &
other ar ticles.
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6. PROHIBITION OF EMPLOYMENT
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 Any work which is of arduous nature
 Any work which involves long hours of standing
 Any work which in any way is likely to interfere with her
pregnancy or the nor mal development of the foetus
 Any work which is likely to cause her miscarriage or
adversely affect her health.
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7. MATERNITY BENEFIT
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 Paym en t to a wo m an @ th e rate of aver ag e d ail y wag e f o r
the period of her actual absence i.e. the period immediately
p r e c e d i n g t h e d a y o f h e r d e l i v e r y o r f o l l o w i n g t h a t d a y.
 Wo m a n m u s t h a v e w o r k e d f o r a p e r i o d o f a t l e a s t 8 0 d a y s i n
the preceding 12 months
 Leave will be granted 6 weeks before pregnancy & 6 weeks
p o s t p r e g n a n c y.
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8. CONTD…
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 In case of Death during this period – payment shall be payable
only for the days up to & including the day of her death.
 If woman dies during her delivery or during the period
immediately following the date of her deliver y – she is
entitled for the maternity benefit
 If child also dies during the same period, the employer shall
liable for the payment of maternity benefit for the days up to
& including the date of the death of child.
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9. CONTD…
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 Miscar riag e – woman shall be entitled to leave with wages
for a period of 6 weeks immediately after the day of her
miscarriage
 Illness, premature bir th or miscar riage – absence allowed to
her to leave with wages will get maximum period of one
month.
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10. NOTICE OF CLAIM
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 May give notice to her employer
 Amount to which she may be entitled must be paid to the
nominate she states in the notice.
 Notice shall be in writing & in prescribed form
 If not given the notice when she is pregnant, she may give
s u c h n o t i c e a s s o o n a s p o s s i b l e a f t e r d e l i v e r y.
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11. RECEIPT OF NOTICE
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 On receipt of notice;
 Employer shall per mit woman to absent herself during
the period for which receives the mater nity benefit.
 Failure of notice – doesn’t entitle her to g et mater nity
benefits.
 Inspector may order the payment of such benefit or
amount within such period as specified in order.
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12. MODE OF PAYMENT
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 Per io d p recedin g th e date o f th e ex p ected delive r y sh al l b e
paid in advance by employer on production
 The amount due for subsequent period will be paid to her
once she is back to establishment within 48 hours
 In case of death – employer pay such benefit to the
nominated person by woman mention in the notice.
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13. LEAVE & NURSING BREAKS
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 Leave for miscar ria ge – woman shall be entitled to leave with
wages @ the rate maternity benefit for 6 weeks immediately the day
after miscarriage
 Other leave – woman suffering from illness arising out of
p r e g n a n c y, d e l i v e r y, p r e m a t u r e b i r t h o r m i s c a r r i a g e s h a l l b e e n t i t l e d
with wages for maximum 1 month.
 N u r s i n g b r e a k s – w o m a n a f t e r d e l i v e r y r e t u r n s t o d u t y, s h e s h a l l
be allow 2 breaks for nursing the child until child attains 15
months.
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