Maternity benefit is a social insurance scheme designed to protect the dignity of motherhood by ensuring the health and financial security of a woman and her child. Under the Maternity Benefit Act, 1961, it refers to the payment of wages to a woman employee for the period of her absence from work due to pregnancy, childbirth, or related medical conditions.
1. Entitlement and Duration of Benefit
A woman is entitled to maternity benefit only if she has actually worked in an establishment for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
The duration of the benefit was significantly extended by the 2017 Amendment:
Standard Benefit: For women with fewer than two surviving children, the maximum period for which any woman is entitled to maternity benefit is 26 weeks.
Of these 26 weeks, not more than 8 weeks shall precede the date of her expected delivery (pre-natal).
The remaining period is for the post-natal stage.
For Women with 2+ Children: If a woman already has two or more surviving children, the maternity benefit period is restricted to 12 weeks (6 weeks pre-natal and 6 weeks post-natal).
Adopting/Commissioning Mothers: A woman who legally adopts a child below the age of three months or a commissioning mother (in surrogacy) is entitled to maternity benefit for a period of 12 weeks from the date the child is handed over.
Miscarriage/Medical Termination: In case of miscarriage or medical termination of pregnancy, a woman is entitled to 6 weeks of paid leave immediately following the day of her miscarriage.
2. Payment in Case of Death (Section 7)
The Act specifically provides for the protection of benefits even in the unfortunate event of the woman's death. The provisions under Section 7 are as follows:
Death during delivery: If a woman dies during delivery or during the period immediately following delivery (for which she is entitled to the benefit), leaving behind a surviving child, the employer is liable to pay the maternity benefit for the entire period of her entitlement.
Death of both mother and child: If the woman dies during delivery or during the period following delivery, and the child also dies during said period, the employer is liable to pay the maternity benefit for the days up to and including the day of the death of the child.
Recipient of Payment: In such cases, the employer must pay the amount to the person nominated by the woman in her notice. If no such nomination was made, the benefit must be paid to her legal legal heirs.
3. Additional Benefits and Protections
Medical Bonus: Every woman entitled to maternity benefit is also entitled to receive a medical bonus (currently $₹3,500$) if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
Nursing Breaks: Every woman who returns to duty after delivery is allowed two breaks of a prescribed duration for nursing the child until the child attains the age of fifteen months.
Prohibition of Dismissal: Under Section 12, it is unlawful for an employer to discharge or dismiss a woman because she absents herself from work in accordance with the provisions of this Act.
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