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Section 61: Notice of claim for maternity benefit and payment thereof

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VI: Maternity Benefit
Competent Labour Forum
Act No. 36 of 2020
Section 60 All 163 Sections of Code on Social Security, 2020 Section 62

Legal Commentary & Landmark Judgments: Section 61

Section 61 of the Code governs the procedure for giving notice of claim for maternity benefit, prescribing the timeline for female employees to notify employers and establishing the advance payment disbursement schedule.

  • Formal Written or Electronic Claim Notice: Requires the pregnant employee to give notice to the employer in writing or electronically specifying the date from which she will be absent and designating the benefit recipient.
  • Advance Payment of Pre-Natal Maternity Dues: Mandates that the maternity benefit for the pre-natal period must be paid in advance by the employer upon production of medical proof of pregnancy.
  • Post-Natal Benefit Disbursement Timeline: Requires the remaining maternity benefit balance for the post-natal period to be paid within forty-eight hours of producing proof of delivery.
Key Landmark Precedents:
  • B. Shah v. Presiding Officer, Labour Court (1977) 4 SCC 384: Supreme Court held that procedural notice requirements must be interpreted liberally in favor of pregnant workers; technical delays in notice do not extinguish the substantive right to maternity pay.
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Reaffirmed that employers are under a positive statutory duty to facilitate maternity claim submissions without bureaucratic hindrance.
  • Dr. Kavita Yadav v. Secretary, Ministry of Health (2024) 1 SCC 421: Affirmed that statutory maternity notices create an immediate legal obligation on management to maintain benefit continuity.
Courtroom Practice & Strategic Litigation Guidance:

Integrate an electronic maternity notice feature in internal HR portals: upon receiving digital notice with an obstetrician's expected delivery certificate, process the advance 8-week pre-natal pay in the immediate subsequent payroll cycle.

Section 60 All 163 Sections of Code on Social Security, 2020 Section 62