The Maternity Benefit Act, 1961 is an important labour law that protects the employment and maternity rights of women workers. It provides maternity leave, paid maternity benefits, nursing breaks, and other protections related to pregnancy and childbirth. The Maternity Benefit (Amendment) Act, 2017 brought major changes, including increasing maternity leave to 26 weeks for eligible women. For exams such as UPSC EPFO, it is also important to understand how these provisions relate to the Code on Social Security, 2020.
What is the Maternity Benefit Act, 1961?
The Maternity Benefit Act, 1961 was introduced to regulate the employment of women during pregnancy and provide maternity benefits and related protection. It aims to ensure that women can take maternity leave without losing their employment or wages. The Act also covers benefits related to miscarriage, illness arising from pregnancy and certain other conditions. The 2017 amendment further expanded maternity benefits and introduced provisions such as work from home and crèche facilities.
- Protect the health of women and their children.
- Provide paid maternity leave to eligible women.
- Protect women from dismissal due to maternity absence.
- Provide leave for miscarriage and specified medical conditions.
- Support women after childbirth through nursing breaks.
- Provide maternity benefits to eligible adopting and commissioning mothers.
- Promote a supportive workplace through crèche facilities.
Download EPFO APFC Maternity Benefit Act, 1961 Quiz PDF
The UPSC EPFO APFC Maternity Benefit Act, 1961 Quiz PDF is useful for revising important concepts related to maternity benefits, eligibility conditions, maternity leave, miscarriage leave, adopting and commissioning mothers, nursing breaks, crèche facilities, work-from-home provisions, the 2017 amendment, and the transition to the Code on Social Security, 2020.
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Attempt UPSC EPFO APFC Maternity Benefit Act, 1961 Quiz
Test your preparation with the UPSC EPFO APFC Maternity Benefit Act, 1961 Quiz and revise important concepts such as maternity benefit eligibility, 26 weeks of maternity leave, leave for miscarriage, adopting and commissioning mothers, nursing breaks, crèche facilities, work from home, the Maternity Benefit (Amendment) Act, 2017, and the updated social-security framework under the Code on Social Security, 2020.
1. Which was the principal objective of the Maternity Benefit Act, 1961?
2. The Maternity Benefit Act was enacted in which year?
3. Which Act substantially expanded maternity leave and introduced benefits for adopting and commissioning mothers?
4. The Maternity Benefit Act, 1961 was originally brought into force on:
5. As of 2026, the principal current statutory framework containing maternity benefit provisions is:
6. The Code on Social Security, 2020 became effective along with the other Labour Codes from:
7. The Social Security (Central) Rules, 2026 were notified on:
8. Which of the following best reflects the policy rationale of maternity-benefit law?
9. Which ministry administers the central labour-law framework governing maternity benefits in India?
10. Which statement about the 1961 Act and the 2020 Code is correct in the 2026 legal context?
11. Under the current maternity-benefit framework, which of the following establishments is expressly covered regardless of a ten-employee shop threshold?
12. For a shop or establishment, the general employee threshold for maternity benefit coverage is:
13. For purposes of the 10-employee threshold, the Code also looks to whether the establishment employed 10 or more employees on any day during the preceding:
14. Which of the following is expressly among the categories covered by the maternity-benefit chapter?
15. A woman generally becomes eligible for maternity benefit after actually working for at least:
16. The 80-day eligibility condition is tested with reference to the period of:
17. For calculating the 80-day qualifying period, which of the following may be taken into account under the Code?
18. Which statement about the entitlement to maternity benefit is correct?
19. The rate of maternity benefit is linked primarily to the woman’s:
20. For determining average daily wage under the current Code, the relevant wage period is generally the days worked during the:
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Who is covered under the Maternity Benefit Act?
The Act applies to specified establishments, including factories, mines, plantations and certain shops and establishments employing 10 or more persons, subject to the conditions of the Act. The eligibility for maternity benefit generally requires a woman to have worked for at least 80 days in the 12 months immediately preceding her expected date of delivery. The coverage and specific conditions are important points for labour-law examinations.
| Particulars | Details |
| Type of law | Labour and maternity welfare law |
| Enacted | 1961 |
| Major amendment | 2017 |
| General eligibility | 80 days of work in the preceding 12 months |
| Important coverage threshold | 10 or more persons for specified establishments |
| Crèche threshold | 50 or more employees |
What are the key maternity leave provisions?
The 2017 amendment increased maternity leave from 12 weeks to 26 weeks for a woman with fewer than two surviving children. Of these, not more than 8 weeks can be taken before the expected date of delivery. For a woman with two or more surviving children, the maternity benefit is 12 weeks, with not more than 6 weeks available before the expected date of delivery.
| Category | Maternity benefit |
| Woman with fewer than two surviving children | 26 weeks |
| Woman with two or more surviving children | 12 weeks |
| Eligible adopting mother | 12 weeks |
| Commissioning mother | 12 weeks |
What other benefits are provided under the Act?
The Act provides several additional benefits to protect women during and after pregnancy. These include leave following miscarriage, leave for certain medical conditions, nursing breaks after returning to work and protection against dismissal during maternity absence.
- Miscarriage: 6 weeks of leave with wages.
- Tubectomy operation: 2 weeks of leave with wages.
- Illness related to pregnancy: Additional leave of up to 1 month, subject to the Act.
- Nursing breaks: Two nursing breaks are provided after returning to work.
- Work from home: May be allowed by mutual agreement where the nature of work permits.
- Employment protection: A woman cannot be dismissed or disadvantaged because of maternity absence, subject to the statutory provisions.
What are the provisions for adopting and commissioning mothers?
The 2017 amendment extended maternity benefits to certain adopting and commissioning mothers. A woman who legally adopts a child below 3 months of age is entitled to 12 weeks of maternity benefit from the date the child is handed over to her. A commissioning mother is also entitled to 12 weeks from the date the child is handed over to her.
What is the crèche facility under the Maternity Benefit Act?
The 2017 amendment introduced a crèche facility requirement for establishments having 50 or more employees. The woman employee is allowed four visits to the crèche in a day, including the interval allowed for rest. The employer is also required to inform women employees about the maternity benefits available under the Act at the time of their initial appointment.
| Number | Provision |
| 80 days | Minimum work requirement for maternity benefit |
| 26 weeks | Maternity benefit for fewer than two surviving children |
| 12 weeks | Benefit for two or more surviving children |
| 12 weeks | Eligible adopting/commissioning mother |
| 6 weeks | Leave after miscarriage |
| 2 weeks | Tubectomy leave |
| 50 employees | Crèche requirement |
| 4 visits | Crèche visits per day |
What was the major update to the Maternity Benefit Act?
The Maternity Benefit (Amendment) Act, 2017 was the major amendment to the law. It increased maternity leave from 12 weeks to 26 weeks for eligible women with fewer than two surviving children. It also introduced provisions for adopting and commissioning mothers, work from home, crèche facilities and employer communication of maternity benefits.
The maternity-benefit framework has subsequently been incorporated into the Code on Social Security, 2020. Therefore, candidates preparing for labour-law examinations should study the original Act along with the corresponding provisions of the Social Security Code and keep track of the latest rules and commencement notifications. 2017 amendment key changes
- Maternity leave increased to 26 weeks for eligible women.
- 12 weeks provided for eligible adopting and commissioning mothers.
- Provision for work from home introduced.
- Crèche facility introduced for establishments with 50 or more employees.
- Four visits to the crèche permitted per day.
- Employers required to inform women employees about maternity benefits.
FAQs
The Maternity Benefit Act, 1961 provides maternity benefits and employment protection to eligible women workers during pregnancy and after childbirth.
A woman generally needs to have worked for at least 80 days in the 12 months preceding her expected date of delivery.
Eligible women with fewer than two surviving children are entitled to 26 weeks of maternity benefit.
A woman with two or more surviving children is entitled to 12 weeks of maternity benefit.
An eligible adopting mother who adopts a child below three months of age is entitled to 12 weeks of maternity benefit.
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