All about Maternity Benefit Act,1961


Introduction

Maternity Benefit Act ensures benefit or fully paid leave from employment for women to take care of their child. The purpose of the Act is to regulate employment in certain establishments of women workers for certain period before and after child birth. It also provide for maternity benefit and certain other benefits.

Q1. Who are eligible to claim maternity benefit under the Act?

Ans. A women who is employed in the establishment for a minimum period of 12 months preceding the delivery and has worked for a minimum period 80 days during preceding 12 months can claim benefits under the Act

Provided in case any Shop or Establishment, it is applicable only if 10 or more employees engaged in the previous 12 months.

Q2. What is the period during which an employee can claim benefit under the Act?

Ans. Payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.

Q3. How to calculate the average daily wage of an employee under the Act in order to calculate maternity benefit?

Ans. The average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher

Q4. Whether the woman employee engaged not directly by the establishment or through a contractor is eligible?

Ans. Yes, every woman employee, employed directly or indirectly (through a contractor) is entitled to receive all benefits under the Act similarly.

Q5. Whether a women would be eligible for maternity leave in case of a natural miscarriage?

Ans. On submission of proof of a natural miscarriage the employee shall be entitled to leave with wages for a period of 6 weeks immediately following the day of her miscarriage. In addition to the benefits under Section 6, shall also entitled to receive maternity benefit for a maximum period of one month.

Q6. Is there any wage restriction on availing benefits under the Act?

Ans. No, there are no wage restriction for availing benefits under Maternity Benefit Act.

Q7. Is there any limit on the number of child births for the benefits can be claimed?

Ans. No, there is no limit to the number of times a female employee can avail maternity leave as per the Act. But after the 2nd child the Benefit is only for 12 weeks.

Q8. Is there any restriction on resigning immediately after enjoying the benefits?

Ans. No, there are no restriction for resigning immediately after enjoying the benefits.

Q9. When is the maternity benefit paid, is it only after the submission of the certificates?

Ans. The amount of benefits for the period preceding the date of her expected delivery shall be paid in advance. For the subsequent period shall be paid within 48 hours of production of such proof as may be prescribed.

Q10. What are the procedures to be followed in order to avail the benefits?

Ans. Such woman employees shall produce a medical certificate before the employer confirming her pregnancy 10 weeks before her confinement. Also 7 weeks before expected date of delivery she has to give a written notice to the employer enclosing a Medical certificate from the attending Physician.

Q11. What are the other benefits available under the Act, apart from those in case of child birth?

Ans. Leave for adoption: The Act also provides for adoption leave of 12 weeks for a woman who adopts a child under the age of three months.

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.

Leave for Commissioning mother: A commissioning mother is also entitled to a 12-week leave from the date the child is handed over to her. A commissioning mother is defined as “biological mother who uses her egg to create an embryo implanted in any other woman” (the woman who gives birth to the child is called host or surrogate mother)

Leave for Tubectomy: Woman undergoing tubectomy operation is eligible for 2 weeks of leave from the date of such operation.

Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage: A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Q12. In case of death of the women entitled to maternity benefit or any other benefit, what happens to the same?

Ans. In case of death of women entitled to such benefit, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.

Q13. What is the consequence of such employee working in any other establishment, who is permitted by her employer to absent herself under the provisions of section 6?

Ans. If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, he shall forfeit her claim to the maternity benefit for such period.

Q14. What is the penalty prescribed for contravention of provisions under the Act?

Ans. If any employer contravenes the provisions of this Act or the rules made thereunder he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall in addition recover such maternity benefit or amount as if it were a fine, and pay the same to the person entitled thereto.

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