Purpose & Extent of the Act

The Act applies to:

• Birthing mothers
• Adoptive mothers
• Commissioning mothers (which under the Act is a biological mother who uses her egg for the creation of an embryo which is implanted in any other woman)

Further, the Act covers the following categories:

• Birth
• Medical termination of a pregnancy
• Miscarriage and complications arising in connection with a pregnancy

Applicability of the Act

The provisions of this Act extend to the following categories of establishments:

• All factories, mines, and plantations, including those operated by the Government
• Any establishment that employs persons for the purpose of presenting equestrian, acrobatic, or other similar performances
• Any shop or establishment that employed ten or more individuals on any single day during the preceding twelve months

Additionally, a State Government is empowered, subject to receiving due approval from the Central Government, to issue a notification that applies this Act to any other establishment or category of establishments engaged in industrial, commercial, agricultural, or any other specified activities.

Eligibility for Availing Benefits

• To be eligible for maternity benefits, a woman must have been employed at an establishment for a minimum of eighty days during the twelve months immediately preceding her expected date of delivery. This employment can be direct or through an agency, and must be for wages. (Refer to Section 5(2) and Section 3(o) of the Act)
• A crucial feature of the law is that it makes no distinction between full-time and part-time employees. The benefits conferred by the statute are equally available to both categories of workers.