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The employer must pay you your maternity benefit before your delivery. (( Section 6(5), The Maternity Benefit Act, 1961.)) For this, you have to give your employer a written notice to state your claim to the maternity benefit. Given below is a checklist of information that should be in the notice:
- You have to state that you will not work for any other employer during the time for which you have claimed the maternity benefit. (( Section 6(1), The Maternity Benefit Act, 1961.))
- You can also nominate another person who can receive the payment on your behalf. (( Section 6(1), The Maternity Benefit Act, 1961.))
- In case you are pregnant, the notice should state the date from which you will be absent from work. This cannot be earlier than 6 weeks before the date of your expected delivery. (( Section 6(2), The Maternity Benefit Act, 1961))
- You are required to submit proof that you are pregnant.
Claiming Benefit After Delivery
Subsequently, you can claim the maternity benefit for the period after your delivery within 48 hours of submitting proof that you have delivered the child. 1 If you have not given the notice when you were pregnant, you can give the notice as soon as possible after your delivery. (( Section 6(3), The Maternity Benefit Act, 1961)) However, just because you haven’t given a notice does not mean that you will not be able to get maternity benefits. You can make an application to the inspector and he can order that the payment be made. (( Section 6(6), The Maternity Benefit Act, 1961.))
Going Back to Work
If you continue to go to work after you have been allowed to take maternity leave by your employer, then you shall have to forfeit your claim to the maternity benefit for such period. (( Section 18, The Maternity Benefit Act, 1961.))
nimisha
June 27, 2023
after birth of a child , stopped the pregnancy , anything benefit can apply on govt department
Sikha
November 8, 2024
The Maternity Benefit Act of 1961, as revised in 2017, provides maternity benefits to female employees in India. These advantages include paid time off, medical bonuses, and nursing breaks. * The first two children receive 26 weeks of paid leave. The third and subsequent children will receive a 12-week paid leave. Adoptive and commissioning moms are likewise entitled to 12 weeks of paid leave. In the event of a miscarriage or medical termination of pregnancy, 12 weeks of paid leave is possible with medical documentation. Tubectomy patients are eligible for two weeks of paid leave. If the lady becomes ill during her pregnancy, delivery, or early birth, she is eligible for an additional month of leave.
Salary: Full salary throughout leave.
Medical bonus: Rs. 2500 if employer does not offer free pre- and post-natal care.
Job security: Employers cannot fire or discriminate against women due to pregnancy or childbirth. They are also unable to hire a replacement for the woman who is on leave.
Workplace amenities include clean restrooms and pleasant seating arrangements.
Employers must provide childcare services.
Position restoration: When the lady returns from leave, she must be returned to her original position within the organisation.
kamna saxena
March 19, 2025
How much employee should be there in organization for create child care unit.
Nyaaya
June 11, 2025
Legal Advice: Requirement for Setting Up a Child Care Facility in the Workplace (India)
As per Indian labour laws, particularly under the Maternity Benefit (Amendment) Act, 2017, the following rule applies:
Legal Threshold:
● Section 11A of the Maternity Benefit Act, 1961 (inserted via 2017 amendment) states:
“Every establishment having fifty or more employees shall have the facility of crèche…”
Therefore, an employer is mandated to provide a crèche/child care facility if the organization employs 50 or more employees.This includes both male and female employees.
Key Compliance Requirements:
1. Crèche facility must be within a prescribed distance (generally 500 meters) from the workplace.
2. The facility should be accessible during working hours.
3. Female employees should be allowed four visits per day to the crèche (including the break for feeding the child).
Applicability:
● Applies to shops, factories, mines, plantations, and any government or private establishment.
● Even if only a small number of female employees are present, if the total headcount is 50 or more, the rule applies.
Alternative Compliance (for smaller setups):
If in-house facility is not feasible, some organizations opt for:
● Outsourcing to nearby day-care centers, or
● Common/shared crèche facilities with other nearby employers.