Maternity Benefit Act 1961: Objectives, Coverage & Key Provisions

Published on 8 October 2025 by
Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961 is a significant labour law in India that provides financial protection and job security to women employees during maternity. The Act ensures that women can take leave before and after childbirth without losing their employment or wages. It is applicable to women working in factories, establishments, shops, and other commercial organizations.

Before the introduction of this Act, many women faced difficulties in continuing their jobs while managing pregnancy and childbirth. The Maternity Benefit Act 1961 was enacted to safeguard the health of women employees and their newborns, as well as to promote the welfare of working mothers.

What is the Maternity Benefit Act, 1961?

The Maternity Benefit Act, 1961 is a law that regulates the employment of women during maternity. It provides paid leave, ensures job protection, and restricts termination of employment due to pregnancy. The Act applies to all establishments employing 10 or more employees, including factories, shops, educational institutions, hospitals, and other organizations.

The key purpose of the Act is to protect the health of the mother and child while providing financial support during the period of maternity leave.

Objectives of the Maternity Benefit Act 1961

The main objectives of the Maternity Benefit Act 1961 are to protect the rights and welfare of working women, ensure a safe working environment during pregnancy, and provide financial and medical support before and after childbirth.

  • To provide paid maternity leave to women employees.
  • To safeguard the health of mother and child.
  • To ensure job protection during and after maternity leave.
  • To prevent discrimination against women due to pregnancy.
  • To encourage the welfare and safety of women at the workplace.
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Coverage and Applicability

The Maternity Benefit Act 1961 applies to women employed in factories, mines, plantations, shops, hospitals, and other establishments employing 10 or more employees. It covers women who have worked for at least 80 days in the 12 months preceding the expected date of delivery.

ParticularsDetails
Type of EstablishmentsFactories, shops, educational institutions, hospitals, and other commercial establishments
Minimum Employees for Coverage10 or more
EligibilityWomen employed for at least 80 days in the preceding 12 months
Administered ByMinistry of Labour and Employment
Benefits ProvidedPaid leave, job protection, medical bonus, and maternity leave extension in case of complications

Maternity Leave and Benefits

The Maternity Benefit Act 1961 provides several benefits to women employees before and after childbirth. The Act also covers provisions for women who suffer from miscarriage, serious illness during pregnancy, or adopt a child below three months of age.

BenefitDescription
Maternity Leave26 weeks of paid leave for women employees for the first two children; 12 weeks for subsequent children.
Pre-Natal and Post-Natal LeaveLeave can be availed before and after delivery as recommended by a doctor.
Medical BonusWomen employees not covered by a health scheme may receive a medical bonus of up to ₹3,500.
Work from Home / Flexible WorkProvision for work from home can be provided after maternity leave, depending on the nature of work.
Protection Against TerminationEmployers cannot terminate a woman employee during maternity leave.

Administration and Compliance

The Maternity Benefit Act 1961 is implemented and monitored by the Ministry of Labour and Employment. Employers are responsible for granting maternity leave, maintaining records, and ensuring that women employees receive the benefits entitled to them.

Failure to comply with the provisions of the Act can result in penalties, including fines and legal action against the employer. Organizations are encouraged to maintain proper documentation and provide support to female employees during maternity.

Importance of the Maternity Benefit Act 1961

The Maternity Benefit Act 1961 is important because it safeguards the rights of working women and promotes maternal and child health. By providing paid leave, medical support, and job security, the Act encourages more women to participate in the workforce while ensuring they can balance work and family responsibilities.

  • Ensures financial stability for women during pregnancy.
  • Protects health and well-being of mother and child.
  • Promotes gender equality in the workplace.
  • Prevents discrimination or harassment due to pregnancy.
  • Encourages workforce participation among women employees.

Frequently Asked Questions (FAQs)

Q1: What is the purpose of the Maternity Benefit Act, 1961?
A1: The Maternity Benefit Act 1961 aims to protect the health, employment, and financial security of women during and after pregnancy. It provides paid maternity leave, medical benefits, and job protection to ensure that women can care for their health and newborn without losing their livelihood.

Q2: Who is eligible for maternity benefits under the Act?
A2: Any woman who has worked for at least eighty days in the twelve months preceding her expected delivery date in an establishment employing ten or more people is eligible for maternity benefits under the Maternity Benefit Act 1961.

Q3: How much maternity leave can a woman employee avail?
A3: A woman employee can avail twenty-six weeks of paid maternity leave for the first two children and twelve weeks for the third child onwards. In the case of adoption or surrogacy, a woman is entitled to twelve weeks of leave if the child is below three months of age.

Q4: Can an employer terminate a woman during maternity leave?
A4: No, an employer cannot terminate or dismiss a woman employee during her maternity leave. Doing so is unlawful and punishable under the provisions of the Maternity Benefit Act 1961.

Q5: What other benefits are available under the Maternity Benefit Act 1961?
A5: In addition to paid maternity leave, women are entitled to a medical bonus if medical care is not provided, six weeks of leave in case of miscarriage, and the option to work from home after maternity leave based on the nature of work. These benefits help promote the health, welfare, and equality of women at the workplace.