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Important Provisions of Maternity Benefit Act, 1961 in Short timberland fcu

Important Provisions of Maternity Benefit Act, 1961 in Short

Important Provisions of Maternity Benefit Act, 1961 in Short

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Women at the reproductive stage are exposed to special risks during pregnancy and child bearing, and mortality and maternal morbidity are factors which require special consideration.  The Maternity benefit Act was passed to regulate the employment of women for certain period before and after the child birth and to provide certain maternity and other benefits.

Definitions

"wages"

Means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes -

(1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to;

(2) incentive bonus; and

(3) the money value of the confessional supply of food grains and other articles, but does not include -

(I) any bonus other than incentive bonus;

(ii) over -time earnings an any deduction or payment made on account of fines;

(iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and

(iv) any gratuity payable on the termination of service;

"woman"

Means a woman employed, whether directly or through any agency, for wages in any establishment.

Applicability of Act

 

  • This Act is applicable to all establishments and factories in which 10 or more persons are/were employed in the preceding 12 months.
  • This Act is applicable to every establishment involved in equestrian, aerobatics and other performances, irrespective of the number of employees
  • This Act is not applicable to those establishments /factories were Employees State Insurance Act, 1948 is applicable.

Main Provisions of the Act

Prohibition of employment of Women during certain periods

No employer shall:

  • Knowingly employ women during six weeks immediately following the date of pregnancy/ miscarriage/ medical termination of pregnancy.
  • Employ a woman in a work of arduous nature and which may interfere with the pregnancy or normal development of foetus for a period of One month before pregnancy.

Maternity Benefits

The maternity benefits under this act are as follows :

Eligibility

A woman is eligible for maternity benefits when she has worked for atleast 80 days in the preceding 12 months from her date of expected delivery.

Pay

Employer shall pay Maternity benefit equal to Basic +DA+ Cash Allowances + Incentive Bonus for the period of absence to the women employee.

Leave

The woman employee is eligible to get maternity benefit for 84 days (i.e 12 weeks). Out of the 84 days , the period before delivery should be maximum 42 days 

Medical Bonus

Employer should pay Rs 250/- to the woman employee as Medical Bonus if no prenatal and post natal care is provided to the concerned woman employee free of charge

Other Leaves (with wages as in maternity benefit) arising out of pregnancy

a)  Miscarriage, Medical termination-    6 weeks from day after pregnancy

     Pregnancy                                                   Miscarriage, Medical    termination of

Pregnancy                                                                                                                                           

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b)         Tubectomy-                                         2 weeks from the day after                                                                                                        tubectomy

c)  Illness due to Pregnancy, Delivery-   One month

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Nursing breaks

Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescr ycxhroat. casas de maderaibed duration for nursing the child until the child attains the age of fifteen months.

 

Claim for Maternity benefit and Payment  

1.         A woman who is pregnant shall give a notice to the employer mentioning the

Following:

•           Date from which she will be absent (not being earlier than 42 days from expected date of delivery)

•           Maternity benefit to be paid to her or to her nominee

•           However, if a woman employee was unable to give a Notice to the employer when she was pregnant, she may do so as soon as possible after the delivery.

2.         On receiving the notice, the employer shall make the payment to the female employee/ nominee within 48 hrs.

Prohibition for dismissal during absence due to Pregnancy

1.         An employer cannot dismiss a female employee for absence who is availing `     maternity benefit.

2.         Such a dismissal by the employer should not derive a female employee from claiming maternity benefits

3.         However, an employer can deprive a female employee of the maternity benefit if   

            the  discharge is due to Gross misconduct.

Leave for miscarriage

In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage.

Forfeiture of Maternity Benefits

The female employee who is availing Maternity benefit from her employer but works in some other establishment/factory, shall forfeit her claim to Maternity benefit.

Post Comment Comments  ak karath December 3, 2011 The Maternity benefit is 12 weeks. Act provides for one month leave for pregnacy related illness. Is it in addition to the 12 weeks or does it mean that she can avail other leave on the ground of sickness related to pregnacy?  a.n.vijayakumar January 31, 2012 Pl.let me whether the eligibility days 84 is extended for further
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