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Maternity Benefit Act  

The Maternity Benefit Act of 1961 is one Indian labor law that safeguards working women’s rights both before and after giving birth. Because of the guaranteed paid maternity leave, health benefits, and employment safety it offers, eligible moms can raise their children without fear of losing their jobs or income.

The Length of Maternity Leave in India   

For the first two children:  

  • Six months, or 26 weeks, of paid time off.  
  • Can start up to 8 weeks before the expected delivery date.  
  • Remaining weeks after childbirth.  

For the third child and beyond:  

  • 12 weeks (3 months) of paid leave.  

Special cases:  

  • Adoption or surrogacy (child under 3 months): 12 weeks of paid leave.  
  • Medical termination or miscarriage: six weeks of paid recuperation time.  

Eligibility Criteria  

To qualify under the Maternity Benefit Act, you must:  

  • Have worked for at least 80 days in the past 12 months with your current employer.  
  • work for a company with ten or more employees.  
  • Work in factories, shops, mines, plantations, or other covered establishments.  
  • Not covered: self-employed women, freelancers, most domestic workers, and agricultural workers (unless covered by state law).  
     

Maternity Pay & Benefits  

  • Paid based on average daily wage over the last three months.  
  • Medical bonus of at least ₹3,500 (if the employer doesn’t provide free care). 
  • No deductions allowed during leave.  
  • Annual increments, bonuses, and benefits continue.  
     

Workplace Protections  

  • Job security during and after leave.  
  • Option to return to the same position with the same pay.  
  • Nursing breaks (two per day) until the child is 15 months old.  
     

How to Apply for Maternity Leave?

  • Check maternity leave policy in your organisation and understand the proceedings.
  • Provide written notice to your workplace along with official pregnancy documentation.  
  • Apply for leave at least 45 days prior to the commencement date, or earlier in an emergency.  
  • Provide proof of adoption or surrogacy, if appropriate.  
     

Conclusion  
 
By integrating employment rights, health protection, and financial stability, the Maternity Benefit Act benefits working women in India. Being aware of your legal rights will help you transition into parenthood more easily and keep your job.