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How to Claim Maternity Benefits

    Home Work and Employment Maternity Benefit How to Claim Maternity Benefits
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    How to Claim Maternity Benefits

    By Nyaaya | Maternity Benefit, Work and Employment | 0 comment | 24 September, 2020 | 1

    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
    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.[↩]
    Employee, Employment, equality, explainer, Family, Health, Industry, labour, Parent, Women

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    • Explainers
      • Constitution
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          • Right to Life
          • Constitutional Remedies
      • Discrimination
        • Healthcare for LGBTQ+ Persons
        • Identification Proof for LGBTQ+ Persons
        • Manual Scavenging
        • Scheduled Caste & Scheduled Tribes
        • Violence Based on Gender Identity and Sexual Orientation
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        • Adoption
        • Care for Parents and Elderly
        • Child Marriage
        • Domestic Violence
      • Government and Politics
        • 48 Hours Before Elections
        • Anti-Corruption
        • Armed Forces (Special Powers) Act
        • Campaigning and Elections
        • Identification Proof
        • Legal Aid
        • Right to Information
        • Sedition
        • Voting and Elections
      • Health and Environment
        • Abortion and Sex Selection
        • Contraceptives
        • COVID-19
        • Drugs and Narcotics
        • Euthanasia
        • Mental Health
        • Noise Pollution
        • Patient Rights
        • Sex Selection
        • Smoking
      • Marriage and Divorce
        • Annulment of marriage
        • Christian Marriage
        • Divorce for Muslim Marriages
        • Divorce for Hindu Marriages
        • Dowry
        • Hindu Marriage
        • Inter-Religious Marriages
        • Muslim Marriage
      • Media and Communication
        • Censorship
        • Defamation
      • Money and Property
        • Consumer Rights
        • Cheques
        • Income Tax
        • Online Bank Fraud
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        • Theft
        • Will
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        • Bail
        • Children accused of Crime
        • Contempt of Court
        • First Information Report (FIR)
        • Traffic Fines
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        • Online Abuse
        • Ragging
        • Rape
        • Sexual Abuse of Children
        • Sexual Crimes
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