The Maternity Benefits Act, 1961 is basically a law that helps working women during pregnancy. The idea behind it is simple a woman shouldn’t have to fight for her salary or her job just because she is going to have a baby. She should get enough time to rest, recover and look after her child without unnecessary stress.
This law applies to most places where women work offices, shops, factories, private companies, etc. The only main condition is that she must have worked for at least 80 days in the year before her delivery.
What the Act Actually Gives You
Paid Leave
The biggest benefit is paid maternity leave. After the 2017 update, women can take 26 weeks of paid leave for the first two children. From the third child onward, it becomes 12 weeks.
It’s quite a relief because this time is needed both physically and mentally.
Your Job Stays Safe
An employer cannot remove a woman or cut her salary because she is pregnant or on maternity leave. Once her leave is over, she should be allowed to come back without any problem.
Adoption & Surrogacy Leave
If a woman adopts a baby below 3 months or becomes a mother through surrogacy, she can take 12 weeks of leave.
Nursing Breaks
Even after joining work again, she can take two breaks every day to nurse the baby until the child turns 15 months old.
Medical Bonus
If the company doesn’t give free pre- and post-natal care, then she gets a medical bonus (as per government rules).
Work-from-Home Option
If her job allows it, she can request to work from home after her maternity leave. Many companies agree, especially for desk or computer-based work.
Why This Law Is Important
Pregnancy brings a lot of changes, and this law makes sure women don’t lose their job or income during this time. It also encourages more women to stay employed because they know they won’t be pushed out during or after maternity.
When You Should Talk to a Lawyer
Some employers still deny benefits, try to force early joining, or quietly reduce salary during the leave all of which are illegal.
If anything like this happens, it’s better to get legal help immediately.
NK Laws helps women understand their rights under the Maternity Benefits Act, 1961 and supports them if the employer is not following the law.
Final Thoughts
The Maternity Benefits Act, 1961 is there to support working mothers. It protects their income, job and health at a very important stage of life. If you feel unsure about what benefits you can claim or if your employer is not cooperating, you can always reach out to NK Laws for clear guidance.

