maternity act final

8/7/2019 maternity act final

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THE MATERNITY BENEFITACT,1961


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Introduction


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Objective

To provide for maternity

benefit to women worker

To regulate the employment

ofwomen worker


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Applicability


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Which establishment arecovered by the act ?


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Is there any justification fordenying thebenefits ofthe

maternity benefit act to

women workers on theground tht they are not

regularemployeebut they areon the muster roll ?


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CONDITIONS FOR CLAIMING

BENEFITS

Must actually work for 80 days in 12

months immediately preceding her date of

Delivery.

Should intimate the employer before her

delivery date about the leave period. (SEC

06, FORM-I)


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RESTRI

CTIONSONEMPLOYMENTOFWOMEN


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What are the restriction

placed by the act on theemployment ofwomen ?


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TOWHOM MATERNITY

BENEFIT IS PAYABLE INCASE OFDEATHOFA

WOMAN ?(SEC 7)


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What is the restriction placed

by the act on the terminationofemployment ofa woman?

SEC 12


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TIME FOR PAYMENTOFBENEFIT


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What is thetime for payment of

maternity benefit ?SEC 06


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ISAWOMAN ENTITLEDTO

MATERNITY BENEFIT ,

ALSO ENTITLEDTOANYMEDICAL BONUS?

SEC 8


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Cash Benefits 84 Days Leave with pay

Amedical bonus of Rs. 2,500/-(As Per latest Amendment)

An additional leave with payup to one month

In case of miscarriage Six weeks leave with average pay.

In case of tubectomy operation two weeks leave with average pay. (sec9A)

Light work for 10 weeks (6 weeks plus 1 month) beforedelivery.

2 Nursing breaks of 15 Minutes until the child 15 monthsold.

No discharge or dismissal while on maternity leave.

No charge to her disadvantage while on maternity leave.

Non Cash Benefits


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EXEMPTION


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IS IT PERMISSIBLE UNDER THE

ACT TO EXEMPT ANY

ESTABLISHMENT FROM THEPROVISINS OF THE ACT ? (Sec

23)


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Is a woman entitled to anyleave with wagesfor illness in

addition to the period ofabsence allowed to her under

the provisions oftheAct ?

Sec 10


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Is a woman entitled to any

leave with wagesformiscarriage

sec 9


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Is itnecessary fora woman

claimingleave with wages for

miscarriageto satisfythecondition

that shehad worked fora period ofnotless than 80 days inthe 12

months immediately precedingthe

date of miscarriage ?Sec 9


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OBLIGATION OF THE

EMPLOYER UNDER THE ACT

TO EXHIBIT THE ABSTRACT OF THE

PROVISIONS OF THE ACT (SEC 19) FORM 09

To MAINTAIN A MUSTER ROLL IN THEPRESCRIBED FORM

To SUBMIT ANNUAL RETURNS IN THE

PRESCRIBED FORMFORM-11 BEFORE THE 15 JAN


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Penalty for Contravention of Act (sec 21)

Imprisonment with minimum period of 3months tomaximum 01 year

Fine from Rupees Two Thousand to Rupees FiveThousand.

maternity act final

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