THE MATERNITY BENEFITS ACT , 1961
APPLICABILITY-:
1) Every Establishment being a factory, mines or plantation
including any such establishment belonging to Govt. wherein person are employed
for the exhibition of equestrian, acrobatic another performance.
2) Every shop and establishment wherein 10 or more person are employed.
ELIGIBILITY-:
ELIGIBILITY-:
1) An women employee shall be entitled to Maternity Benefit
provide she works for not less than 80 days in the 12 months immediately
preceding the date of her expected delivery in an establishment of an employer
from whom she claims maternity Benefit.
2) The maximum period for which any women shall be entitled
to maternity benefit shall be 26 weeks of which not more than 8 weeks shall
precede the date of her expected delivery.
3) The maximum period entitled to maternity benefits by a
woman having two or more than two surviving children shall be twelve weeks of
which not more than six week shall precede that date of her expected delivery.
4) An additional period of absence is permitted subject to
maximum of 1 month for illness arising out of pregnancy/ premature birth/miscarriage/MTP/Tubectomy.
5) 2 weeks of extended leave in case the women undergoes Tubectony.
BENEFITS-:
1) An women employee is entitled for payment of maternity
benefit at the rate of average daily wage for the period of her actual absence i.e.
period preceding the day of her delivery the actual day of her delivery and any
period immediately following the day subject to maximum of 26 weeks and
additional 1 month for illness.
2) A women who legally
adopt a child below the age of three month or a commissioning mother
shall be entitled to maternity benefit for the period of twelve weeks from the
date the child is handed over the adopting mother or the commissioning mother s
the case may be.
3) In case where the nature of work assigned to a women is
of such nature that she may work from home, the employee allow to do her to do
so after availing of the maternity benefit for such period on such conditions
as the employer and the women may mutually agree.
OTHER BENEFITS-:
LEAVE FOR
MISCARRIAGE AND ILLNESS-
In case
of miscarriage or medical termination of pregnancy, a woman shall, on
production of the prescribed proof, be entitled to leave with wages at the rate
of maternity benefit, for a period of 6 weeks immediately following the day of
her miscarriage or medical termination of pregnancy.
LEAVE FOR
TUBECTOMY OPERATION-
In case
of tubectomy operation, a woman shall, on production of prescribed proof, be
entitled to leave with wages at the rate of maternity benefit for a period of
two weeks immediately following the day of operation.
LEAVE FOR
ILLNESS-
Leave for
a maximum period of one month with wages at the rate of maternity benefit are
allowable in case of illness arising out of pregnancy, delivery, premature
birth of child, miscarriage or medical termination of pregnancy or tubectomy
operation.
MEDICAL
BONUS
Every
woman entitled to maternity benefit shall also be allowed a medical bonus of
Rs. 250, if no per-natal confinement and post-natal care is provided for by the
employer free of charge.
FACILITY BY THE
EMPLOYER-:
1) Every establishment having fifty or more employees shall
have facility of crèche within such distance as may be prescribe either separately
or along with common facilities.
The employer shall allow four visit a day to the crèche by
the women, which shall also include the interval for the rest allowed to her.
2) Nursing Break – In addition to the interval for rest
allowed to her extra 2 breaks shall be allowed for nursing until the child
attain the age of 15 months.
3) At the time of appointment intimate the women employee in
writing and electronically regarding the benefit under the act.
4) Organizations
will also facilitate work from home conditions.
IMPORTANT NOTES-:
1) If the
leaves were sanctioned by the authorities in a proper manner then she can file
a case against the company and there are Hundred percent chances to win the
case as it is Illegal to not accept a female employee in company once she is
back from her Maternity leaves.
2) She is eligible to draw salary for the
Saturdays/Sundays, holidays, casual leave and medical leave periods, all those
are counted as the number of days employee worked for in an organization.
3) Any establishment with more than 50 employees shall have creche facilities.Nursery women(Women who had given birth)is allowed only 4 times to visit creche to look after and feed child.
4) Employer may provided permission for nursery women to work from work period is over and still be paid.
5) Women body is to repaired She needs to be healed over period of time.Under this bill women given 24 weeks of time to recover herself completely before going to workplace.
6) WHO recommended that the women should breastfeed there child for first 6 month to avoided Malnutrition of the child and protect child from the allergies and illness. Under these bill Women got 24 weeks (6.5 month) to look after and breastfeed child.
7) Hence children of next generation are stronger than current generation.
PENAL PROVISION-:
Imprisonment upto1 year and fine up to RS-5000/-
BENEFITS-:
1) An women employee is entitled for payment of maternity
benefit at the rate of average daily wage for the period of her actual absence i.e.
period preceding the day of her delivery the actual day of her delivery and any
period immediately following the day subject to maximum of 26 weeks and
additional 1 month for illness.
2) A women who legally
adopt a child below the age of three month or a commissioning mother
shall be entitled to maternity benefit for the period of twelve weeks from the
date the child is handed over the adopting mother or the commissioning mother s
the case may be.
3) In case where the nature of work assigned to a women is
of such nature that she may work from home, the employee allow to do her to do
so after availing of the maternity benefit for such period on such conditions
as the employer and the women may mutually agree.
OTHER BENEFITS-:
LEAVE FOR
MISCARRIAGE AND ILLNESS-
In case
of miscarriage or medical termination of pregnancy, a woman shall, on
production of the prescribed proof, be entitled to leave with wages at the rate
of maternity benefit, for a period of 6 weeks immediately following the day of
her miscarriage or medical termination of pregnancy.
LEAVE FOR
TUBECTOMY OPERATION-
In case
of tubectomy operation, a woman shall, on production of prescribed proof, be
entitled to leave with wages at the rate of maternity benefit for a period of
two weeks immediately following the day of operation.
LEAVE FOR
ILLNESS-
Leave for
a maximum period of one month with wages at the rate of maternity benefit are
allowable in case of illness arising out of pregnancy, delivery, premature
birth of child, miscarriage or medical termination of pregnancy or tubectomy
operation.
MEDICAL
BONUS
Every
woman entitled to maternity benefit shall also be allowed a medical bonus of
Rs. 250, if no per-natal confinement and post-natal care is provided for by the
employer free of charge.
FACILITY BY THE
EMPLOYER-:
1) Every establishment having fifty or more employees shall
have facility of crèche within such distance as may be prescribe either separately
or along with common facilities.
The employer shall allow four visit a day to the crèche by
the women, which shall also include the interval for the rest allowed to her.
2) Nursing Break – In addition to the interval for rest
allowed to her extra 2 breaks shall be allowed for nursing until the child
attain the age of 15 months.
3) At the time of appointment intimate the women employee in
writing and electronically regarding the benefit under the act.
4) Organizations will also facilitate work from home conditions.
IMPORTANT NOTES-:
1) If the
leaves were sanctioned by the authorities in a proper manner then she can file
a case against the company and there are Hundred percent chances to win the
case as it is Illegal to not accept a female employee in company once she is
back from her Maternity leaves.
2) She is eligible to draw salary for the Saturdays/Sundays, holidays, casual leave and medical leave periods, all those are counted as the number of days employee worked for in an organization.
3) Any establishment with more than 50 employees shall have creche facilities.Nursery women(Women who had given birth)is allowed only 4 times to visit creche to look after and feed child.
4) Employer may provided permission for nursery women to work from work period is over and still be paid.
5) Women body is to repaired She needs to be healed over period of time.Under this bill women given 24 weeks of time to recover herself completely before going to workplace.
6) WHO recommended that the women should breastfeed there child for first 6 month to avoided Malnutrition of the child and protect child from the allergies and illness. Under these bill Women got 24 weeks (6.5 month) to look after and breastfeed child.
7) Hence children of next generation are stronger than current generation.
PENAL PROVISION-:
Imprisonment upto1 year and fine up to RS-5000/-
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