Type:Trigger Frequency: Quarterly

Action to be taken:
On receipt of a notice from an employee under the Maternity Act, if the employee has worked in the establishment for at least 80 days in the twelve months preceding the expected date of delivery,
a) provide the employee maternity leave at her request of upto 12 weeks of which not more than six weeks shall precede the expected date of delivery
b) pay the employee in advance the amount of maternity benefit for the period preceding the expected date of delivery on production of proof of pregnancy
c) on receipt of proof of delivery, pay the maternity benefit due for the subsequent maternity period within 48 hours
d) Pay the employee a medical bonus of Rs 250 if pre natal confinement and post natal care is not provided free by the employer.
If a notice is not received from the employee, arrange for payment of maternity benefit to the employee in any case.

Audit Requirement:
Have all eligible women employees been paid full maternity benefits and provided maternity leave in accordance with the act ?

Supporting Documents:
Details of any such cases

Related Triggers:
Death Of An Employee In Maternity
Medical Examination of an employee
Payment Of Maternity Benefit
Pregnancy Of Woman Employee

Related Keywords:
Advance Wages
Death of Employee
Leave/Leave Policies For Employees
Maternity/Pregnancy
Remuneration/Wages/Compensation
Women Employees

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Related Sections:
Maternity Benefit Act, 1961
5:Right to payment of maternity benefit:
[(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.]

Explanation.- For the purpose of this sub-section, `the average daily wage means the average of the womans wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, [the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948), or ten rupees, whichever is the highest.]
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [eighty days] in the twelve months immediately preceding the date of her expected delivery :

Provided that the qualifying period of [eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Explanation.- For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages], during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be ‘twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery :

Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery

Provided further that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death :

[Provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery, for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.]

(4) A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.

(5) In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree. Maternity Benefit Act, 1961
6:Notice of claim for maternity benefit and payment thereof:
(I) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
[(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.]
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order. Maternity Benefit Act, 1961
8:Payment of medical bonus:
(1) Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of [three thousand five hundred]**, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
(2) The Central Government may before every three years, by notification in the Official Gazette, increase the amount of medical bonus subject to a maximum of twenty thousand rupees.


**Medical Bonus was Two thousand five hundred which was amended to three thousand five hundred in the year 2011.Notification is available in notification under the act.