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(ASST. PROF. OF LABOUR LAW-II) Reg.No.11412466

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.
The Objective of Maternity Leave & Benefit is to protect the dignity of Motherhood by providing
the Complete & Healthy care to the Women & Her child, when she is not able to perform her duty due
to her health condition.
In the morden world, as the participation of women employees is growing in every industry, so the
need of the Maternity Leave & other Benefits are becoming increasingly common.
Motherhood is a very special experience in Every Womans life. and this is one time when she
needs to take best care of herself so that she can give birth to a Healthy & Robust baby. It also alters
her lifestyle and requires her to make certain compromises with her daily life style.
A woman needs to be able to give quality time to her child without having to worry about whether she
will lose her job and her source of income. The Maternity Benefit Act, 1961, gives her the assurance
that her rights will be looked after while she is at home to care for her child.
Section:-2. Application of Act.-
It applies, in the first instance-

(a) to every establishment being a factory, mine or plantation including any such establishment
belonging to Government and to every establishment wherein persons are employed for the exhibition
of equestrian, acrobatic and other performances.

(b) to every shop or establishment within the meaning of any law for the time being in force in
relation to shops and establishments in a State, in which ten or more persons are employed, or were
employed, on any day of the preceding twelve months

Maternity Leave and benefit To protect the dignity of Motherhood by providing

complete & healthy care to women and her child when she is unable to perform her
duty due to health condition.

Maternity Act 1961 .Gives her the assurance that her rights will be looked after while
she is at home to care for her child.
Stating that it is settled law that article 14 strikes at arbitrariness in state action and that the principle of
reasonableness pervades Article 14 like a brooding omnipresence the court examined all the three
conditions separately.
Municipal Corpn. Of Delhi vs. Female Workers (2000)SCC224
Union of Female Workers who were not on regular rolls, but were treated as temporary workers and
employed on Muster roll, claimed that they should also get maternity benefit like regular workers.
Held: Provisions of the Act entitle maternity leave even to women engaged on casual basis or on muster
roll basis on daily wages and not only those in regular employment, are wholly in consonance with the
Directive Principles of State Policy contained in Art. 19, 42 and 43 of the Constitution of India.
Cash Benefits
84 Days Leave with pay before/after delivery.
A medical bonus of Rs. 1,000/- Take the pay for 6 weeks after/before child birth within
48 hrs of request. An additional leave with pay up to one month [Proof of illness] In case
of miscarriage Six weeks leave with average pay. Tubectomy operation : Leave with
wages of maternity benefit for a period of 2 weeks.

Non Cash Benefits

Light work for 10 weeks (6 weeks plus 1 month) before delivery. 2 Nursing breaks of 15
Minutes until the child is 15 months old. No discharge or dismissal while on maternity
leave.No charge to her disadvantage in any conditions of her employment while on
maternity leave Pregnant women discharged or dismissed may still claim maternity
benefit from employer.
The responsibility of child care is often singularly put upon women. This reinforces
patriarchal notions and stereotypes and also enhances the discrimination they face
from employers.
In order to reduce these factors, the Act should also make a provision for paternity
leave and follow a more egalitarian approach. Also, protection should be available to
persons who adopt children