THE MATERNITY BENEFIT ACT, 1961

ü? This is a central legislation applicable all over India.

ü? The Act provides for-

ü? Regulating the employment of women for certain periods before and after child birth or miscarriage and

ü? Certain monetary / nonmonetary benefits to them during this period.

?

APPLICABILITY

ü? The Act applies to a factory, mine and plantation as defined under the respective legislations and also to

ü? to shops and commercial establishments employing 10 or more employees.

ü? Government of Karnataka has extended this Act by a notification dated 1st August 1989 to (i) private hospitals, nursing homes and dispensaries and (ii) private educational institutions.

ü? ?It provides protection and benefit to female employees who are not covered by Employees State Insurance Act 1948.

ü? ?It is applicable to all women in the covered organizations irrespective of the designation or salary level.

?PROHIBITION OF EMPLOYMENT OF PREGNANT WOMEN IN CERTAIN CASES

ü? No woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.

ü? No woman shall work during two and half months before the date of delivery to carry out any work which is of arduous nature or which involves long hours of standing or

ü? which in any way is likely to interfere with her pregnancy or normal development of the fetus or is likely to cause her miscarriage or adversely affect her health.

?BENEFITS

ü? Section 5 to 11 deals with the benefits available under this Act to eligible women.

ü? To avail this benefit the concerned female employee should have worked in that establishment at least for 80 days immediately preceding her expected date of delivery.

ü? The employer shall pay full wages to an eligible female employee up to a maximum of 26 weeks for delivery, out of which 8 weeks may be immediately prior to the date of expected delivery.

ü? If the woman already has two surviving children the maternity benefit is limited to just 12 weeks.

ü? If the woman dies during this period the benefit is available up to the date of death only.

ü? If the woman dies by leaving behind a child the benefits shall continue for the reminder part of benefit period.

ü? If the child also dies benefit shall be payable till the date of child death.

ü? Every women entitled to maternity benefit under this Act shall also be entitled to receive from the employer medical bonus of Rs.3500, if employer does not provide prenatal and post natal medical care free of cost.

ü? In case of miscarriage or medical termination of pregnancy the eligible woman is entitled to leave with wages for a period of six weeks immediately following the date of miscarriage or medical termination of pregnancy.

ü? In case of tubectomy operation the eligible woman is entitled for leave with wages for a period of two weeks immediately following the day of said operation.

ü? Eligible woman is entitled for up to one month leave with wages over and above the benefits mentioned above to deal with illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation.

ü? Any female employee after delivering a child; reporting for duty at the end of maternity leave? is entitled apart from the rest interval;? two breaks? of the 15 minutes duration each for nursing the child until the child attains the age of fifteen months.

NOTICE FOR CLAIMING BENEFIT

ü? Section 6 and 7 of the Act deals with claim to be made by the eligible woman.

ü? Eligible woman shall make the claim in Form? D to the employer not earlier than six weeks prior to the expected date of delivery stating that the benefits shall be paid to her or to the person nominated by her.

ü? She shall produce a medical certificate for this purpose in Form B.

ü? She shall also give an undertaking that she will not be employed elsewhere during the period for which she gets her maternity benefit.

ü? On receipt of the notice the employer shall pay the monetary benefit and permit her to absent herself from duty.

ü? The maternity benefit for the period preceding the date of delivery shall be paid in advance and the remaining benefits shall be paid within 48 hours after the employee provides proof of having delivered? a child.

ü? If she has not given advance notice, she may do so after the delivery.

ü? Not giving notice does not deprive her the benefits available under this Act.

ü? The labour inspector may either on his own motion or on an application made to him by the woman order the employer for payment of benefits under this Act.

ü? ?If the woman dies before receiving the benefit under this Act, it shall be paid to her nominee and in the absence of nominee to her legal heir.

?NO PUNITIVE ACTION DURING PREGNANCY OR MATERNITY LEAVE

ü? Section 12 and 13 prevents the employer from taking punitive action against the eligible woman as under.

ü? Employer cannot dismiss/ terminate the service of a woman when she absents from duty as provided under this Act.

ü? Discharge or termination of service during pregnancy does not deprive her of the benefits available under this Act.

ü? However if the eligible woman is discharged/ terminated for a proved misconduct, she is not eligible for maternity benefit.

ü? Misconduct for this purpose means willful destruction employer’s property; assaulting any employee at workplace; criminal offence involving moral turpitude resulting in conviction; theft, fraud, dishonesty in connection with the employer’s business or property; willful non-observance of safety measures or willful interference with safety devices.

ü? Any woman employee aggrieved by the decision of employer in this regard? may appeal to Assistant Labour Commissioner in case of plantations and to chief inspector of factories in other cases in Form F and his decision shall be final.??

ü? The wages of eligible woman shall not be reduced by virtue of nature of work assigned to her during pregnancy or for the breaks allowed to her for nursing the child.

?