Antenatal and Prenatal days are those where a women lives and eats for two; so adequate care should be taken not only in terms of her physical being but also her career.

The law intended to achieve the object of doing social justice to women workers by enacting an “the Maternity Benefits Act, 1961 to regulate the employment of women in all organizations for certain periods before and after childbirth to provide for maternity benefits and certain other benefits. The Maternity benefits Act 1961 extends to the whole of India.

Employment terms:
With respect to the terms of employment the law prohibits the employment of and work by a women during the six weeks immediately following the day of her delivery or miscarriage. It also provides that a woman on her request will not be employed on arduous work during a period of one month before proceeding on maternity leave.

Period for maternity leave:
With regards to the period for maternity benefit the woman employee can avail of leave from work for a period of 16 weeks.

Who shall be entitled to maternity benefits:
A woman shall be entitled to maternity benefit only if she has worked in the establishment of an employer from whom she claims maternity benefits for a period of at least 80 days in the 12 months immediately preceding the date of her expected delivery.

How to claim maternity benefits:

• Any woman employed in an establishment and entitled to maternity benefit must give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled, be paid to her, or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
• In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
• Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
• On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.The failure to give notice shall not disentitle a woman to maternity benefit or any other amount if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in order.

                                     Top