Bare ActsThe MATERNITY BENEFIT ACT, 1961

Section 5

Right to payment of maternity benefit

Amendment status not verified — confirm the current text below against the official source.

Right to payment of maternity benefit.—2[(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 woman’s 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, 3[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 4[eighty days] in the twelve months immediately preceding the date of her expected delivery:

Section 5 – The MATERNITY BENEFIT ACT, 1961 | DailyLaw.ai