The Maternity Benifits Act, 1961

Applicability
a.
Every Establishment being a factory, mine or plantation including any such establishment belonging to Government wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.
b. Every Shop or Establishment wherein 10 or more persons are employed.
 
Note : In case of Establishment or a Factory or a Shop is covered under the Employees' State Insurance Act, 1948, the provisions of the Maternity Benefits Act, 1961 shall not be applicable
 
ELIGIBILITY
a.
A woman employee shall be entitled to Maternity Benefit, Provided she works for not less than 80 days in the 12 months immediately preceding the date of her expected delivery in an Establishment of an employer from whom she claims maternity Benefit.
b.
The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.
c.
An additional period of absence is permitted subject to maximum of one month for illness arising out of pregnancy. 
 
Benefits
  1. A woman employee is entitled for payment of maternity benefit at the rate of average daily wage for the period of her actual absence i.e. period preceding the day of her delivery, the actual day of her delivery and any period immediately following that day, subject to maximum of 12 weeks and additional 1 month for illness arising out of pregnancy.
 
Penal Provisions
  Imprisonment upto 1 year and fine upto Rs. 5000/-
 

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