5. Maternity Benefit Act 1961

7/23/2019 5. Maternity Benefit Act 1961

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Maternity Benefit Act, 1961



MEANING OF MATERNITY BENEFIT“ A payment (maternity allowance) made to a pregnant

women who usually works but does not qualify for statutory pay.”



OBJECTIVE OF MATERNITY BENEFIT

It aims to regulate the employment of women in certainperiods before and after childbirth

To provide for maternity benefits including maternity leave,wages , bonus , nursing breaks etc.

To protect the dignity of Motherhood by providing complete& healthy care to women and her child when she is unable toperform her duty due to health condition.

To Gives her the assurance that her rights will be looked after while she is at home to care for her child.



APPLICABILTY OF THIS ACTEvery factory , mine or plantation (including those

belonging to government) and

To every shop or establishment wherein 10 or more

persons are employed.



CONDITION FOR CLAMING BENEFITMust actually work for 80 days in 12 months immediately preceding her date of delivery Should intimate the employer seven weeks before herdelivery date about the leave period

Can take advance payment for 6 week leave before delivery Can take payment for 6 week leave after child birth within 48hours after submitting the proof.Now 90 Days or 180 Days Women earning less than 15,000 may be offered ESI schemeby her employer and will not be eligible for maternity benefitand but will receive the maternity benefit under ESI scheme.



BENEFITS PROVIDED IN THIS ACT

CASH BENEFITS

90/180 days leave with pay

A medical bonus of Rs.3,500-(As Per latest amendment)

An additional leave with pay up to one month

In case of miscarriage Six weeks leave with average pay



NON CASH BENEFITS

Light work for 10 weeks ( 6 weeks plus 1 month) beforedelivery

2 Nursing breaks of 15 minutes until the child 15 monts old.No discharge or dismissal while on maternity leave.



DUTIES OF EMPLOYEE FORMATERNITY BENEFIT

Ten weeks before the expected delivery date she may askemployer to give her light work.[Produce certificate of pregnancy]

Should intimate the employer Seven Weeks before herdelivery date about the leave period.

Name the person to whom the payment will be made in case

she cannot take herself.



LEAVE FOR MISCARRIAGE &

TUBECTOMY OPRATIONIn case of miscarriage : Leave with wage @ of

maternity benefit , for a period of 6 weeks

Tubectomy operation: Leave with wages @ of maternitybenefit for a period of 2 weeks.



DISMISSAL DURING ABSENCE OF

PREGNANCY Any discharge or dismissal of a women during pregnancy forabsence will be illegal (If without justified reasons) and she inany case would entitled to maternity benefit/medical bonus.

In case of gross misconduct the employer in written cancommunicate about depriving such benefit. Within 60 days from date of deprivation of maternity benefit,any women can appeal to the authority prescribed by law.



PENALTY FOR CONTRAVENTION OF

ACT

Imprisonment with minimum period of 3 monts tomaximum of 1 year

Fine from Rs 2000 to Rs 5000.



JUDICIAL APPROACH

Municipal Corpn. Of Delhi vs. Female Workers (2000)SCC224Union of Female Workers who were not on regular rolls, but were treated as temporary workers and employed on Muster

roll, claimed that they should also get maternity benefit likeregular workers.Held: Provisions of the Act entitle maternity leave even to women engaged on casual basis or on muster roll basis ondaily wages and not only those in regular employment, are wholly in consonance with the Directive Principles of StatePolicy contained in Art. 19, 42 and 43 of the Constitution of India. .



JUDICIAL APPROACH

Sacked while pregnant, lady sues company[2012 case] Indrani v. StateIndrani filed a criminal case against company for violating the

Maternity Benefit Act, 1961, which forbids an employer fromterminating the services of a pregnant woman unless there arecomplaints of "gross misconduct" against her.On July 26, Indrani won Rs 7.5 lakh as settlement money fromthe company on orders from Delhi High Court.

Documents

5. Maternity Benefit Act 1961