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  1. Every establishment being a factory, mine or plantation including any such establishment belonging to Government wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.
  2. Every shop or establishment wherein 10 or more persons are employed.
    (Note : In case of Establishment or a Factory or a Shop is covered under the Employees' State Insurance Act, 1948, the provisions of the Maternity Benefit Act, 1961 shall not be applicable).


  1. An woman employee shall be entitled to Maternity Benefit, Provided she works for not less than 80 days in the 12 months immediately preceding the date of her expected delivery in an establishment of an employer from whom she claims maternity benefit.
  2. The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.
  3. An additional period of absence is permitted subject to maximum of 1 month for illness arising out of pregnancy.
  4. Every woman shall also be entitled to medical bonus of र 2,500/ - to र 3,500/ - from 9-12-2011 onwards.


  1. An woman employee is entitled for payment of maternity benefit at the rate of average daily wage for the period of her actual absence i.e. period preceding the day of her delivery, the actual day of her delivery and any period immediately following that day, subject to maximum of 12 weeks and additional 1 month for illness arising out of pregnancy.

Penal Provision

Imprisonment upto 1 year and Fine upto र 5000/-

Proposed Amendments under the Maternity Benefit Act, 1961

  • Introduction of the definition for commissioning mother. (section 3)
  • Increase maternity benefit from 12 weeks to 26 weeks for 1st two children. (section 5)
  • Women having 2 or more surviving children can avail maternity benefit of maximum 12 weeks. (section 5)
  • 12 weeks maternity benefit to a Commissioning Mother and Adopting Mother
  • Employers to facilitate "Work from Home"
  • Mandatory provision of Creche facilities wherein establishments have 50 or more employees.
  • At the time of appointment, intimate the women employees in writing & electronically regarding the benefits under the Act