Maternity Benefit Act

Maternity Benefit Act

An Act to regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits.

Applicability

  • Extends to the whole of India.
  • Applicable to mines, factories, plantations, shops and commercial establishments – wherein ten or more persons are employed or were employed within the preceding twelve months.
  • For a woman employed, whether directly or through any agency, for wages in any establishment.
  • To every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.
  • The employer has the responsibility to frame a Maternity Benefit policy for the organization and educate the women employees for the same. Further, the employer has to file annual return within prescribed time limit to the appropriate authority.
  • The Maternity Benefit Act has been amended in 2017 with some bold amendments within the Act, that has widely enhanced the benefits prescribed under Maternity.
  • To whom the Act does not apply This law is not applicable to those women to which the ESIC is applicable