The object of the Maternity Benefit Act, 1961 is to protect the dignity of motherhood by providing for the full and healthy maintenance of woman and her child when she is not working. Therefore this Act was passed aiming at a uniform maternity benefit all over the country providing Maternity Leave to all eligible female employees

 APPLICABILITY

The Maternity Benefit Act, 1961 applies to:

• Factory, Mines, Plantation, Government Establishment, Exhibition of equestrian, Acrobatics & other performances
• Shops and establishments with 10 or more person employed

 ELIGIBILITY

Every women shall be eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery (Section 5)

 PERIOD OF MATERNITY BENEFIT

• It shall be twenty - six weeks of which not more than eight weeks shall precede the date of her expected delivery and the remaining eighteen weeks can be availed after delivery [Section 5(3)]
• The Section does not, however make it compulsory that the women employee shall necessarily avail eight weeks leave preceding the delivery. It only forbids her not to take more than eight weeks maternity leave if she intends to proceed on leave prior to delivery. It is open to her to avail leave for less number of days also. However the total period of leave admissible to her under the Act is twenty-six weeks