Maternity Benefits Act

Overview

What is the Maternity Benefits Act?

The Maternity Benefit Act, 1961 regulates the employment of women in certain establishments for certain periods before and after childbirth and provides for maternity benefit and certain other benefits.

Amended in 2017, the act significantly enhanced maternity leave from 12 to 26 weeks for the first two children, and introduced provisions for crèche facilities, work from home, and coverage for adoptive and commissioning mothers.

Woman must have worked for at least 80 days in the 12 months preceding delivery

Applicable to all establishments employing 10 or more persons

Covers factories, mines, plantations, shops, and other establishments

Adoptive mothers (adopting child below 3 months) get 12 weeks leave

Commissioning mothers (surrogacy) also entitled to 12 weeks leave

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FAQ

Frequently Asked Questions

Everything you need to know about the Maternity Benefits Act.

The Maternity Benefit Act, 1961 regulates the employment of women in certain establishments before and after childbirth. It provides for maternity benefit, medical bonus, and other related benefits. The Act was significantly amended in 2017 to enhance maternity leave from 12 to 26 weeks.

Must have worked for at least 80 days in the 12 months preceding the expected delivery date
Applicable to all establishments employing 10 or more persons
Covers factories, mines, plantations, shops, and other establishments
Adoptive mothers (adopting a child below 3 months) are entitled to 12 weeks leave
Commissioning mothers (surrogacy) are also entitled to 12 weeks leave

26 weeks for the first two children (8 weeks before + 18 weeks after delivery)
12 weeks for women with two or more surviving children
12 weeks for adoptive and commissioning mothers
6 weeks in case of miscarriage or medical termination of pregnancy
1 month for tubectomy operation

If the employer does not provide pre-natal and post-natal care, the employee is entitled to a medical bonus of ₹3,500. This amount may be revised by the Central Government from time to time.

Yes. After returning from maternity leave, a woman is entitled to two nursing breaks per day in addition to regular rest intervals, until the child is 15 months old.

Yes. The 2017 amendment introduced a provision allowing women to work from home after the maternity leave period, if the nature of work permits. The terms and conditions are to be mutually agreed upon between the employer and the employee.

Cannot dismiss or discharge a woman during or on account of maternity leave
Cannot give notice of dismissal during maternity absence
Must provide crèche facility if employing 50 or more women employees
Cannot assign arduous work during 10 weeks before expected delivery
Must inform women employees about maternity benefits at the time of appointment

Failure to pay maternity benefit: Imprisonment 3 months to 1 year + fine
Dismissal during maternity: Fine up to ₹5,000
Failure to provide crèche: Fine up to ₹20,000
Repeat offence: Double the penalty prescribed

ConfluxHR automates maternity leave tracking, ensures correct payroll processing during leave periods, sends timely reminders for crèche compliance, and maintains all required records — keeping your organization fully compliant with the Maternity Benefits Act.