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How to claim Maternity Benefits?

Last updated on Jun 22, 2022

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.))

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Comments

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.

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Related Resources

Responsibility of Employers

At the time of joining the employment, employers have to inform women about maternity benefit available in the organization.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.

Workplaces with Maternity Benefits

Maternity Benefits under law are applicable to almost all government and private establishments and offices.

Maternity Benefit in case of death of a Woman

An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy.

Salary during Maternity Leave

Employers have to pay women 'maternity benefit' for the period during which they are absent from work as a result of their pregnancy.

Fired during Maternity Leave

You cannot be dismissed or fired, conditions of work altered, etc by your employer during or due to your maternity leave.