The Maternity Benefit Act aims to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefits including maternity leave, wages, bonus, nursing breaks etc.
Applicability
The Maternity Benefit Act extends to whole of India and is applicable to every factory, mine or plantation including those belonging to Government, irrespective of the number of employees, and to every shop or establishment wherein 10 or more persons are employed or were employed on any day of the preceding 12 months.
The State Government may extend the Act to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.
The Act however does not apply to any such factory or other establishment to which the provisions of the ESI Act are applicable for the time being.But where the Factory is governed under ESI and the woman employee is not qualified to claim maternity benefit under section 50 of that Act because her wages are >Rs 3500 p.m as specified u/s 2(9) of the ESI or for any other reason, then such woman employee is entitled to claim maternity benefit under this act till she becomes qualified to claim maternity benefit under the ESI.Act.
