• MATERNITY

BENEFIT ACT, 1961.

•OBJECTIVES: TO REGULATE EMPLOYMENT OF WORKWOMEN IN CERTAIN
ESTABLISHMENTS FOR CERTAIN PERIOD BEFORE AND AFTER CHILD-BIRTH AND TO PROVIDE FOR MATERNITY BENFEIT AND CERTAIN OTHER BENEFITS.

APPLIES TO THE WHOLE OF INDIA. – TO ESTABLISHMENT BEING FACTORY, MINE PLANTATION, SHOP IN WHICH TENOR MORE PERSONS ARE EMPLOYED OR WERE EMPLOYED ON ANY DAY OF THE PRECEDING TWELVE MONTHS. STATE GOVT. CAN EXTENDS IT’S APPLICATION TO ANY OTHER ESTABLISHMENT. EMPLOYMENT OF OR WORK BY WOMEN PROHIBITED DURING CERTAIN PERIODS. NO EMPLOYER SHALL EMPLOY A WOMAN DURING SIX WEEKS IMMEDIATELY
1 FOLLOWING THE DAY OF HER DELIVERY/MISCARRIAGE/MEDICAL TERMINATION

DURING ONE MONTH PRECEDING THE PERIOD OF SIX WEEKS BEFORE THE DATE OF HER EXPECTED DELIVERY AND ANY PERIOD DURING PERIOD OF SIX WEEKS FOR WHICH THE PREGNANT WOMAN DOES NOT AVAIL OF LEAVE OF ABSENCE. (Section 4) .OF PREGNANCY. • NO WOMAN SHALL WORK IN ANY ESTABLISHMENT DURING SIX WEEKS IMMEDIATELY FOLLOWING THE DAY OF HER DELIVERY/MISCARRIAGE OR MEDICAL TERMINATION OF PREGNANCY. • NO WOMAN SHALL BE REQUIRED BY HER EMPLOYER TO DO. ANY WORK OF ARDUOUS NATURE OR WHICH INVOLVES LONG HOURS OF STANDING OR WHICH IN ANY WAY IS LIKELY TO INTERFERE WITH HER PREGNANCY OR THE NORMAL DEVELOPMENT OF THE FOETUS OR IS 2 LIKELY TO CAUSE HER MISCARRIAGE OR ADVERSELY AFFECT HER HEALTH.

PAYMENT OF BENEFIT AT THE RATE OF AVERAGE DAILY WAGE DURING HER ABSENCE. (Section 8) 3 . (Section 5) MEDICAL BONUS OF Rs.• RIGHT TO PAYMENT OF MATERNITY BENEFITS: EVERY WOMAN SHALL BE ENTITLED TO AND HER EMPLOYER SHALL BE LIABLE FOR.IF NO PRE-NATAL CONFINEMENT AND POST-NATAL CARE IS PROVIDED FOR BY THE EMPLOYER FREE OF CHARGE. 250/. • NO WOMAN IS ENTITLED TO MATERNITY BENEFIT UNLESS SHE HAS ACTUALLY WORKED IN ESTABLISHMENT FOR A PERIOD OF NOT LESS THAN EIGHTY DAYS IN TWELVEL MONTHS IMMEDIATELY PRECEDING DATE OF HER EXPECTED DELIVERY.

PAID LEAVE FOR ONE MONTH IS ALLOWED. MEDICAL TERMINATION OF PREGNANCY OR TUBECTOMY OPERATION: IN ADDITION TO ABOVE BENEFITS.• LEAVE FOR MISCARRIGE/MEDICAL TERMINATION OF PREGNANCY FOR SIX WEEKS FOLLOWING DAY OF HER MISCARRIAGE/TERMINATION OF PREGNANCY AT THE RATE OF MATERNITY BENEFIT. PRE-MATURE BIRTH OF CHILD/MISCARRIAGE. (Section 9A) • LEAVE FOR ILLNESS ARISING OUT OF PREGNANCY. (Section 9) • LEAVE WITH WAGES FOR TUBECTOMY OPERATION: LEAVE WITH WAGES AT THE RATE OF MATERNITY BENEFIT FOR TWO WEEKS FOLLOWING TUBECTOMY OPERATION. DELIVERY. (Section 10) • TWO NURSING BREAKS .EACH CONSISTING OF 15 MINUTES UNTIL THE CHILD ATTAINS AGE OF 15 MONTHS IN THE COURSE OF HER DAILY WORKS. (Section 11) 4 .

• DISMISSAL DURING ABSENCE OF PREGNANCY: •WHEN A WOMAN ABSENTS HERSELF FROM WORK IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT. IT SHALL BE UNLAWFUL TO DISCHARGE OR DISMISS HER DURING OR ON ACCOUNTOF SUCH ABSENCE OR TO GIVE NOTICE OF DISCHARGE OR DISMISSAL OR TO VARY TO HER DIS-ADVANTAGE ANY CONDITIONS OF HER SERVICE. PROVIDED WHERE DISMISSAL IS FOR ANY PRESCRIBED GROSS MISCONDUCT. EMPLOYER MAY DEPRIVE HER OF THE MATERNITY BENEFIT OR MEDICAL BONUS OR BOTH. 5 .

FEMALE WORKERS (MUSTER ROLL) AND ANOTHER. XXX 6 .• ‘ PROVISIONS OF MATERNITY LEAVE EVEN ENTITLED TO WOMEN ENGAGED ON CASUAL BASIS OR ON MUSTER ROLL BASIS ON DAILY WAGES AND NOT ONLY TO THOSE IN REGULAR EMPLOYMENT ( 2000 SC CASES (L&S) 331 – MUNICIPAL CORPORATIONOF DELHI VS.

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