The Maternity Benefits Act
THE MATERNITY BENEFITS ACT, 1961
BY SUSHMA SUDHINDRA
1. OBJECTIVE
To regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits. To provide healthy maintenance of pregnant women employee and her child
2. APPLICABILITY
Every factory, mine or plantation(including those belonging to Government) To every shop or establishment wherein 10 or more persons are employed
3. TERMS OF EMPLOYMENT
No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. No woman shall work in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage.
No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do 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 her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. The period referred to in sub-section (3) shall be – (a) at the period of 1 month immediately preceding the period of 6 weeks, before the date of her expected delivery; (b) any period during the said period of 6 weeks for which the pregnant woman does not avail of leave of absence.
4. PAYMENT OF THE MATERNITY BENEFITS
Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence i.e. immediately preceding and including the day of her delivery and any period following that day.
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 3 calendar months immediately preceding the date from which she absents herself on account of maternity, [the
BY SUSHMA SUDHINDRA
1. OBJECTIVE
To regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits. To provide healthy maintenance of pregnant women employee and her child
2. APPLICABILITY
Every factory, mine or plantation(including those belonging to Government) To every shop or establishment wherein 10 or more persons are employed
3. TERMS OF EMPLOYMENT
No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. No woman shall work in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage.
No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do 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 her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. The period referred to in sub-section (3) shall be – (a) at the period of 1 month immediately preceding the period of 6 weeks, before the date of her expected delivery; (b) any period during the said period of 6 weeks for which the pregnant woman does not avail of leave of absence.
4. PAYMENT OF THE MATERNITY BENEFITS
Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence i.e. immediately preceding and including the day of her delivery and any period following that day.
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 3 calendar months immediately preceding the date from which she absents herself on account of maternity, [the