Clarifications on Maternity Benefit Act 1961 for Contractual and Outsourced Personnel

OFFICE OF THE CHIEF LABOUR COMMISSIONER(CENTRAL), NEW DELHI

SECTION-LS SECTION

INSTRUCTIONS ISSUED BY THE OFFICE OF THE CLC(C)

MATERNITY BENEFIT ACT, 1961

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F. No. 26(02)/2025-LS-I Government of India Ministry of Labour & Employment Office of the Chief Labour Commissioner (C) New Delhi

Dated: 25/02/2025

NOTE

Subject: Request for maternity leave with wages-reg.

Please refer to your F.No. S-36025/01/2025-SS-I dated 10/02/2025 on the above subject above. The comments from the O/o CLC(C) are as under-

As per Section 3(a) of Maternity Benefit Act, 1961:-

"Appropriate Government" means, in relation to an establishment being a mine, or an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, the Central Government and in relation to any other establishment, the State Government;"

As per Section 5(1) Maternity Benefit Act, 1961:-

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 provided therein, for a period when she is absent the period immediately preceding the date of her delivery, the actual day of the delivery and any period immediately following that day.

The employer liability to grant MB is absolute and as the words used in the language of the Act is "every woman". Accordingly, it is clarified that the contractual manpower shall be eligible for maternity Benefit in full and it shall be borne by her employer.

Additionally, the copy of Circular of MoLE vide letter No. S-36012/03/2015-SS-I dated 28.08.2017 in respect of Maternity Benefit (Amendment) Act, 2017 is enclosed herewith for your more clarification.

This issues with the approval of Competent Authority.

(Ashwani Kumar Chaturvedi) Assistant Labour Commissioner(C)Hq

To, SS.I Section Ministry of Labour and Employment Shram Shakti Bhawan New Delhi.

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F. No. 26(06)/2023-LS-I Government of India Ministry of Labour & Employment Office of the Chief Labour Commissioner (C) New Delhi

Dated: 08/04/2025

NOTE

Subject: Request for clarification regarding eligibility of Maternity Benefits for legal consultants engaged for short duration-reg.

Please refer to your F.No. S-36025/05/2023-SS-I dated 27/02/2025 on the above subject above. The comments from the O/o CLC(C) are as under-

As per Section 3(a) of Maternity Benefit Act, 1961:-

"Appropriate Government" means, in relation to an establishment being a mine, or an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, the Central Government and in relation to any other establishment, the State Government;"

As per Section 5(1) Maternity Benefit Act, 1961:-

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 provided therein, for a period when she is absent the period immediately preceding the date of her delivery, the actual day of the delivery and any period immediately following that day.

The employer liability to grant MB is absolute and as the words used in the language of the Act is "every woman". Accordingly, it is clarified that the contractual manpower shall be eligible for maternity Benefit in full and it shall be borne by her employer.

As per Section 5(2) and 5(3) of the Maternity Benefit Act may be referred which provides that:-

5(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: 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.

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(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:

Hence, for any woman, as defined under Section 3(o) of the Act, to be eligible for Maternity Benefit actual working of not less than eighty days in the twelve months immediately preceding the date of her expected delivery is required.

Additionally, the copy of Circular of MoLE vide letter No. S-36012/03/2015-SS-I dated 28.08.2017 in respect of Maternity Benefit (Amendment) Act, 2017 is enclosed herewith for your more clarification.

This issues with the approval of CLC(C).

(Ashwani Kumar Chaturvedi) Assistant Labour Commissioner(C)Hq

To, SS.I Section Ministry of Labour and Employment Shram Shakti Bhawan New Delhi.

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F. No. 26(06)/2023-LS-I Government of India Ministry of Labour & Employment Office of the Chief Labour Commissioner (C) New Delhi

Dated: 01/08/2023

NOTE

Subject: Clarification regarding eligibility of an outsourced personnel for claim for paid Maternity Leave-reg.

Please refer to your F.No. S-36025/05/2023-SS-I dated 03/07/2023 on the above subject above. The proposed comments from O/o CLC(C) are as under-

1. National Centre for Medium Range Weather Forecasting (NCMRWF), Ministry of Earth Sciences-

A Data Entry Operator (DEO) proceeded on maternity leave on 21.11.2022 and her contract expired on 30.11.2022. A new service provider is being hired through GeM. The following queries are raised:

(i) Whether DEO is eligible for benefits as the present contract ended and new contract (with possibility of new vendor) will start in between the maternity leave period. If in the interim, there is no contract in place then who would bear the cost

(ii) If the DEO is eligible to get payment during maternity period, then the payment will be made to her on monthly basis (through the service provider) or the whole payment (in lump sum) of 180 days will be paid to her after joining the office from maternity leave.

(iii) Who will bear the liability of her maternity benefit i.e. wages on leave whether the service provider (old /new) or NCMRWF, Noida

Ans. The matter has been examined. The Central Government is not the appropriate Government in respect of contract workers of National Centre for Medium Range Weather Forecasting. They may be advised to approach the State government for necessary clarification.