Sunidhi is Asstt. Manager in Quality Bank Ltd, Noida. She resides in a 2BHK flat which has been provided by the Bank with her college time friend Sandeep. Both of them are not a married couple, but staying in 'live-in-re
CS Professional · Labour Laws and Practice · PYQS · December 2025
Sunidhi is Asstt. Manager in Quality Bank Ltd, Noida. She resides in a 2BHK flat which has been provided by the Bank with her college time friend Sandeep. Both of them are not a married couple, but staying in 'live-in-relationship'. After some time Sunidhi gave the birth to a baby girl. To avail the benefits under the Maternity Benefit Act, 1961, she immediately applied for maternity leave and other benefits. However, the Manager of the Bank refused to grant any benefits under the Act to Sunidhi since in the Bank's record her marital status was marked as unmarried. Whether the contention of the Bank Manager in not granting her maternity leave and other benefits is justified ?
Answer & Explanation:
Section 5(1) of the Maternity Benefit Act, 1961 provides that 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. A woman shall be entitled to maternity benefit if 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. The words used in Section 5(1) are 'every woman'. Thus, under the Maternity Benefit Act, 1961, an unmarried woman is also entitled to maternity leave. The Act does not discriminate based on marital status and applies to all women, including unmarried, adoptive, and commissioning mothers. Maternity Benefits are aimed to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working. The Maternity Benefit Act, 1961, ensures that all pregnant women are entitled to maternity benefits, regardless of their marital status. The Act does not specify any conditions related to marriage for claiming maternity benefits. Hence, the contention of the Bank Manager not granting the maternity leave and other benefits are not justified in the given case.
Topics: Maternity Benefit Act, 1961
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