Workplaces with Maternity Benefits

Last updated on Jun 22, 2022

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 1
  • Establishments employing people for the exhibition of equestrian, acrobatic and other performances 1
  • Shops or establishments employing  10 or more people and which is covered within the laws of the state 2
  • Any other establishment or class of establishments, industrial, commercial, agricultural units etc. that the state may notify. 3

However, workplaces covered under the Employees’ State Insurance Act, 1948, will have to follow the maternity benefits given under this law. 4 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. 5 This is based on you and your employer mutually agreeing on the conditions of your employment from home.

  1. Section 2(1)(a), The Maternity Benefit Act, 1961.[][]
  2. Section 2(1)(b), The Maternity Benefit Act, 1961.[]
  3. Proviso, Section 2(1),The Maternity Benefit Act, 1961.[]
  4. Section 2(2), The Maternity Benefit Act, 1961[]
  5. Section 5(5), The Maternity Benefit Act, 1961.[]

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Related Resources

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.

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.