The Maternity Benefit Act, 1961 provides maternity benefits to women employees in India, ensuring paid leave and medical bonuses during pregnancy and after childbirth. Eligible women can receive up to 26 weeks of maternity leave, with provisions for adoptive mothers as well.
To claim maternity benefits from an employer under the Maternity Benefit Act, a woman should follow these steps:
Ensure one has worked for at least 80 days in the 12 months preceding her expected delivery date.
Submit a written notice to your employer using the prescribed Form D, stating your entitlement to maternity benefits and the expected date of absence, a declaration that she will not work for any other employer during this period and nomination of a person to receive payments if desired.
Include proof of pregnancy with the notice.
If the notice was not given before delivery, it can be submitted within 48 hours after childbirth to claim benefits for the post-delivery period.
The employer must pay maternity benefits in advance for the period before delivery upon receiving proof of pregnancy.
If benefits are denied, request a written explanation from your employer for the refusal, using the appropriate forms (e.g., SMP1 for Statutory Maternity Pay).
Alternative ways include filing a complaint to your inspector unsung Form G or H.
If unsatisfied, contact the HMRC Statutory Payment Dispute Team within six months to dispute the decision. Include all relevant documentation, such as payslips and your MATB1 form. If necessary, file a formal appeal with the Inspector under the Maternity Benefit Act using Form G or H, detailing your claim.
If issues persist, consider escalating to an Employment Tribunal for enforcement of your rights.
What Are The Additional Benefits For Women Under The Maternity Benefit Act?
Under the Maternity Benefit Act, women are entitled to several benefits beyond maternity leave, including:
A woman is entitled to a medical bonus of ₹1,000 if no prenatal and postnatal care is provided by the employer.
After returning to work, mothers can take two nursing breaks during their daily work hours until the child is 15 months old.
Women are entitled to six weeks of paid leave following a miscarriage or medical termination of pregnancy.
Establishments with 50 or more employees must provide crèche facilities, allowing mothers to visit up to four times a day.
The Act prohibits dismissal or discrimination against women during maternity leave.
