Maternity Benefit Act, 1961

Sacheen Jahagirdar

Introduction
Maternity benefit is an indemnity for the loss of wages incurred by a woman who voluntarily before child-birth and compulsorily thereafter abstains from work in the interest of the heath of her child and herself.

ILO Maternity ProtectionPurpose

a) Enable the woman to abstain from work during the 6 weeks preceding the expected date and 6 weeks following her confinement. b) Provide her, with free attendance by a doctor or certified mid wife. c) Provide her out of public funds or by means of insurance, with a cash benefit sufficient for the full and healthy maintenance of herself and child during said period of her abstention from work.

Contd
d) Prohibit her dismissal during the said periods or a subsequent period of sickness e) Enable her to feed her baby twice a day during working hours.

Objects of the act

a) To regulate the employment of women employees in certain establishments for certain periods before and after child-birth. b) To provide for the payment of maternity benefits to women workers at the rate of average daily wages calculated on the basis of wages payable to her for the days on which she has worked during the three calendar months immediately preceding the date from which she absented herself on account of maternity. c) To provide for certain benefits in case of miscarriage, premature birth, or illness arising out of her pregnancy.

Contd..
The maximum period for which a woman gets maternity leave is 12 weeks-6 weeks prior to the date of delivery and 6 weeks immediately following that date. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of proof, and the amount due for the subsequent period shall be paid by the employer to the woman within 48 hours of production of such proof.

Applicability of the act

It applies to every establishment being a factory, mine or plantation including any such establishment belonging to the Government. Provided that the state govt. may with the approval of the central govt., after giving not less than 2 months notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this act shall apply also to any other establishments, industrial, commercial, agricultural, or otherwise.

Definitions
Appropriate Government- means in relation to any establishment being a mine, the Central Govt. and in relation to any other establishment, the State Govt.[Sec.3(a)] Child- includes a still born child.[Sec.3(b)] Delivery- means the birth of a child[Sec.3( c)] Establishment- means: a. a factory b. a mine c. a plantation etc. Woman- means woman employed, whether directly or indirectly for wages in any establishment.

Prohibition of Employment
1. No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. 2. No woman shall work in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. 3. The period referred to in section(3) shall bea) The period of one month immediately preceding the period of six weeks, before the date of her expected delivery.

b) Any period during the said period of six weeks for which the pregnant woman does not avail the leave of absence under Section.6 4. Without prejudice to the provisions of section 6, no pregnant woman shall, on request being made by her in this behalf, be required by her employer to do during that period any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with the pregnancy.

Maternity Benefits
Right to payment of Maternity Benefits(sec 5) Every woman, working in an establishment is entitled to maternity benefit at the rate of average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the 6 weeks immediately following that day

Conditions for payment

She must have actually worked in an establishment of the employer for a period of not less that 80 days in the 12 months immediately preceding the date of her expected delivery. The maximum period for which she be entitled to maternity benefit will be 12 weeks i.e. to say 6 weeks up to and including the day of her expected delivery and 6 weeks immediately following that day If,however the woman dies during that period ,then maternity benefit will be applicable only for the days up to and including the day of her death

 If, however, a woman expires, the benefit of maternity shall only be given till the date of her death. When a woman dies during her delivery or during the period of 6 weeks after delivery & child survives her, the employer shall be liable for the maternity benefit.

Leave and nursing breaks

Leave for miscarriage(6 week+2week) Leave of illness arising out of pregnency,delivery,premature birth of child, or miscarriage.(1 month) Nursing breaks(2 break+15month)

Dismissal during absence on account of pregnancy

Discharged of duty and maternity benefits and bonuses only after informing her Can appeal in 60 days

Inspectors
Officer by appropriate govt. by notification gazette

Power of Inspector
Under sec7 upheld payments can appealed to him Under sub section (1) may ask for payment Under sub section(2) ,the penalized may appeal within 30 days to appropriate authority In case the appeal is rejected,insp. Decision is final

Essential benefits
Forfeiture of maternity benefit act Exhibition of acts and rules there under Registers and records

Penalties
Contravention by the employer (3months+Rs.500+recovery) Penalty for obstructing inspector(3 months +Rs.500 or more)

Cognizance of offences
No prosecution for an offence punishable under this act or any rule made there under shall be instituted after the expiry of 1 yr.

Power to make rules

Appropriate govt. by issuing of notification gazette