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Features of Maternity Benefit Act

What Is The Maternity Benefit Act, 1961?

Parenthood is a very personal and special experience in a woman’s life. A woman requires to be capable to give quality time to her child without concern about her job. The Maternity Benefit Act, 1961 plays an important role in the betterment of women.

  • Article 42 of the Constitution of India mandates a responsibility on the state to obtain fair and decent conditions of work and to obtain maternity support.
  • Maternity compensation is a payment to a female employee at the rate of normal daily wages for a time period. It directly commences and covers the day of her labor and for six weeks immediately following that day.
  • In the case of maternity leave, financial benefits during deprivation of work, leave for raising children, and termination of assistance during pregnancy. And, immediately after the birth of a child, a decision was considered and a decision was passed.
  • In the Sixth Assembly of the ‘International Labor Organisation’, held in 1975, emphasis was placed on the need to make maternity protection more satisfactory in different areas.:

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  • Adding Maternity Protection to a New Level for Women Workers,
  • In addition to the valid time for specified maternity leave,
  • more abundant preparation for longer or extra holidays in a child’s infancy,
  • Higher rates of maternity advantages,
  • More powerful protection on discontinuation during pregnancy and after delivery,
  • greater assurance of breastfeeding and a more widespread need for nursing leave,
  • More important considerations for a woman’s safety and well-being during pregnancy.
  • To establish social security schemes or public bodies or day nurseries for the care of children and adolescents of working parents.  
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Maternity Benefits

  • Women working in the field of the government sectors are allowed maternity leave with full pay
  • 16 weeks maternity benefit allowed to other serving women.
  • Even unmarried women have the right to maternity benefits.
  • Only those government representatives who have less than two surviving children can avail the benefits.
  • If a woman needs it, she can avail arrears of leave a few days before and after delivery, or she can get the entire leave in one go.
  • The company cannot make a woman do any major work during the last effective month of pregnancy. She may refuse to do work that is physically exhausting and which requires long-lasting hours, in view of heavy loads or any activity that may compromise the child’s precise maturity. 
  • In case of miscarriage, a woman is entitled to 45 days leave in the form of full pay.
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