The Maternity Benefit Act will apply to you if you work in any of the following workplaces:
- Any establishment such as a factory, mine or plantation, including government establishments (( Section 2(1)(a), The Maternity Benefit Act, 1961.))
- Establishments employing people for the exhibition of equestrian, acrobatic and other performances (( Section 2(1)(a), The Maternity Benefit Act, 1961.))
- Shops or establishments employing 10 or more people and which is covered within the laws of the state (( Section 2(1)(b), The Maternity Benefit Act, 1961.))
- Any other establishment or class of establishments, industrial, commercial, agricultural units etc. that the state may notify. (( Proviso, Section 2(1),The Maternity Benefit Act, 1961.))
However, workplaces covered under the Employees’ State Insurance Act, 1948, will have to follow the maternity benefits given under this law. (( Section 2(2), The Maternity Benefit Act, 1961)) Read more here.
Working From Home
When your maternity leave is over and the nature of your work allows you to work from home, you can ask your employer to allow you to work from home. (( Section 5(5), The Maternity Benefit Act, 1961.)) This is based on you and your employer mutually agreeing on the conditions of your employment from home.