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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. 1 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. 2
  • You can also nominate  another person who can receive the payment on your behalf. 2
  • 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. 3
  • 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. 4  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. 5

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. 6

  1. Section 6(5), The Maternity Benefit Act, 1961.[]
  2. Section 6(1), The Maternity Benefit Act, 1961.[][]
  3. Section 6(2), The Maternity Benefit Act, 1961[]
  4. Section 6(3), The Maternity Benefit Act, 1961[]
  5. Section 6(6), The Maternity Benefit Act, 1961.[]
  6. Section 18, The Maternity Benefit Act, 1961.[]

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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.