Maternity Benefit in case of death of a Woman

Last updated on Jun 22, 2022

An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy. If the woman dies before receiving the maternity benefit or amount, the employer shall pay the amount to the person nominated by the woman in the notice given by her.  1 The amount payable depends on the following:

Situation  Duty of Employer
If a woman dies during the period of her maternity leave. 2 The employer needs to pay the maternity benefit only for the days up to and including the day of her death.
If a woman dies during or following her delivery but has given birth to her child. The employer shall be liable to pay  the maternity benefit for that entire period.
If the child also dies during the said period. 3 The employer is liable to pay the maternity benefit until the date the child passes away, including the date of the death of the child.
  1. Section 7, The Maternity Benefit Act, 1961.[]
  2. Proviso (2), Section 5(3), The Maternity Benefit Act, 1961.[]
  3. Proviso (3), Section 5(3), The Maternity Benefit Act, 1961.[]

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How to claim Maternity Benefits?

The employer must pay you your maternity benefit before your delivery. Give your employer a written notice of the same.

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.

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.