ppt Maternity Benefit Act, 1961

• 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, MIN 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. PERIODS. NO EMPLOYER SHALL EMPLOY A WOMAN DURING SIX WEEKS IMMEDIATELY 1 FOLLOWING THE DAY OF HER DELIVERY/MISCARRIAGE/MEDICAL TERMINATION

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, 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, 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.

• RIGHT TO PAYMENT OF MATERNITY BENEFITS: EVERY WOMAN SHALL BE ENTITLED TO AND HER EMPLOYER SHALL BE LIABLE FOR, PAYMENT OF BENEFIT AT THE RATE OF AVERAGE DAILY WAGE DURING HER ABSENCE.

• 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.

(Section 5)

MEDICAL BONUS OF Rs. 250/- IF NO PRE-NATAL CONFINEMENT AND POST-NATAL CARE IS PROVIDED FOR BY THE EMPLOYER FREE OF CHARGE. (Section 8) 3

• LEAVE FOR MISCARRIGE/MEDICAL TERMINATION OF PREGNANCY FOR SIX WEEKS FOLLOWING DAY OF HER MISCARRIAGE/TERMINATION OF PREGNANCY AT THE RATE OF MATERNITY BENEFIT.

(Section 9)

• LEAVE WITH WAGES FOR TUBECTOMY OPERATION: LEAVE WITH WAGES AT THE RATE OF MATERNITY BENEFIT FOR TWO WEEKS FOLLOWING TUBECTOMY OPERATION.

(Section 9A)

• LEAVE FOR ILLNESS ARISING OUT OF PREGNANCY, DELIVERY, PRE-MATURE BIRTH OF CHILD/MISCARRIAGE, MEDICAL TERMINATION OF PREGNANCY OR TUBECTOMY OPERATION: IN ADDITION TO ABOVE BENEFITS, PAID LEAVE FOR ONE MONTH IS ALLOWED.

(Section 10)

• TWO NURSING BREAKS - EACH CONSISTING OF 15 MINUTES UNTIL THE CHIL ATTAINS AGE OF 15 MONTHS IN THE COURSE OF HER DAILY WORKS. (Section 11)

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• 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.

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• ‘ 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. FEMALE WORKERS (MUSTER ROLL) AND ANOTHER. XXX

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