Maternity Benefit available to a woman in India

Maternity Benefit

Maternity Benefits means, Benefits which are provided by an establishment to their pregnant female employees before and after child delivery for certain period.

Maternity Benefit is available to a woman in India under The Code on Social Security, 2020, earlier it was available to a woman under The Maternity Benefit Act, 1961.

Every woman shall be entitled to the payment of maternity benefit at the rate of the average daily wage for the period immediately preceding the day of her delivery, and any period immediately following that day.

Average Daily Wage

Average Daily Wage means the average wage of three months immediately preceding the date from which she absents herself on account of maternity.

Pre-condition to get Maternity Benefit

Pre-condition to get Maternity Benefit is that the woman has worked for at least 80 days in the 12 months immediately preceding the date of her expected delivery in an establishment from whom she is claiming maternity benefit.

Maximum Period for Maternity Benefit

The maximum period for which maternity benefit shall be available shall be 26 weeks out of which 8 weeks shall precede the expected date of her delivery and remaining 18 weeks shall after the date of her delivery.

The maximum period for which maternity benefit shall be available to a woman having two or more surviving children shall be 12 weeks out of which 6 weeks shall precede the date of her expected delivery and remaining 6 weeks shall after the date of her delivery.

When a woman dies during the period of delivery, then the maternity benefit shall be available only for the days up to and including the day of her death.

When a woman having been delivered of a child, dies after the date of her delivery, then employer shall be liable for the maternity benefit for that entire period for which she was entitled for the maternity benefit. If the child also dies after the delivery, then employer shall be liable for maternity benefit for the days up to and including the date of the death of the child.

Payment of Maternity Benefit to Nominated Person/Legal Representative

Payment of maternity benefit in case of death of a woman shall be given to person nominated by the woman and if there is no nomination has been made by the woman, then it shall be given to her legal representative.

Adopting Mother

When a woman adopts a child below the age of 3 months, then she shall be entitled to maternity benefit for the maximum period of 12 weeks from the date the child is handed over to the adopting mother.

Commissioning Mother

Commissioning Mother means, a biological mother who uses her egg to create an embryo implanted in any other woman.

Maternity benefit shall be available to commissioning mother for the maximum period of 12 weeks from the date the child is handed over to the commissioning mother.

A woman may work from home after her delivery on such conditions as the employer and the woman may mutually agree.

Medical Bonus

A woman who is entitled to maternity benefit shall also be entitled to medical bonus of Rs. 3500/– from her employer.

Nursing Breaks

A woman who returns to her duty after her delivery, then she shall be entitled to 2 nursing breaks until the child attains the age of 15 months.

Creche Facility

In an establishment which have 50 or more than 50 employees a woman shall be entitled to creche facility for 4 visits a day, which shall also include the intervals of rest allowed to her.

Appeal to Authority

If a woman has been deprived of maternity benefit, then she can file an appeal to the competent authority within 60 days from the date of communication of such deprivation order to her.

Power of Inspector-cum-Facilitator

After receiving a complaint from a woman or nominated person/legal representative that he/she has been deprived of maternity benefit or other amount which employer is liable to pay under this code to employee, Inspector-cum-Facilitator may make an enquiry and after satisfied with such complaint, he can direct the employer to make payment and can pass such order as he deems just and proper.

Aggrieved person may file an appeal from the order of the Inspector-cum-Facilitator within 30 days to authority which is prescribed by the appropriate government and the order given by the prescribed authority, shall be final.