Hemantsailor
Hr - Exicutive
Archana N
Hr Manager
Suvarna Nikam
Hr Professional
Sonu Rani
Accountant

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If a baby has expired 10-15 days before its birth and then baby has removed by operation. The mother can avail maternity leave in this situation?
From Pakistan, Karachi
hi,

yes, she is entitled for all maternity benefit,

i given u brief low,

it may help you,

MATERNITY BENEFITS ACT

Motherhood is a very special experience in a woman’s life. It alters her lifestyle and requires her to make certain compromises. That is where the concept of maternity leave and the benefits it entails, comes in handy.

A woman needs to be able to give quality time to her child without having to worry about whether she will lose her job and her source of income.

The Maternity Benefits Act, 1961, gives her the assurance that her rights will be looked after while she is at home to care for her child.

Under this law, no employer can knowingly employ a woman in his establishment during the six weeks following the day of her delivery or her miscarriage. However, if the pregnant woman herself makes a request, she should not be forced to indulge in work of an arduous nature, or be forced to stand for long hours. Such work might adversely affect her pregnancy or health or the normal development of the foetus or cause a miscarriage.

Definitions

Certain definitions have been specified in the context of the Act. These are:

"child" includes a still-born child;

"delivery" means the birth of a child;

"employer" means -

A person appointed by the Government for the supervision and control of employees. In the absence of such an appointment, this person would be the head of the department or the chief executive officer of the local authority. The employer could also be the person who has the ultimate control over the affairs of the establishment.

"Establishment" stands for a factory, mine or plantation etc.

"miscarriage" means the expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the cause of which is punishable under the Indian Penal Code.

"Wages" means remuneration paid or payable in cash to a woman and includes dearness and house rent allowance, incentive bonus and the money value of the concessional supply of food grains and other articles. It does include any other kind of bonus, overtime earnings, any contribution towards the pension fund or provident fund and any gratuity payable on the termination of service.

Who is entitled to maternity benefit?

Every woman is entitled to the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.

The average daily wage is calculated on the basis of the amount payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she has absented herself on account of maternity, or one rupee a day, whichever is higher.

To be eligible for maternity benefit, a woman should have worked in an establishment for not less than 160 days in the twelve months immediately prior to the date of her expected delivery.

The maximum period for which any woman can be entitled to maternity benefit is twelve weeks.

This includes six weeks up to and including the day of her delivery and six weeks immediately following that day. If a woman dies during this period, the maternity benefit will be payable only for the days up to and including the day of her death. However, if she delivers a child and dies during the delivery or during the period of six weeks following the delivery, the employer will be liable for the maternity benefits of the entire period of six weeks immediately following the day of her delivery. If the child dies during this period, the liability will be only up to and including the day of the death of the child.

In case the woman dies before receiving the benefit, the amount must be paid to her nominee or legal representative.

In the event of a miscarriage, the woman must produce relevant proof that she has suffered a miscarriage. This will entitle her to receive leave with wages at the rate of the maternity benefit, for a period of six weeks immediately following the date of the miscarriage.

Women who are ill on account of pregnancy, delivery, premature birth of a child or a miscarriage are also entitled to a period of absence or to leave with wages at the rate of maternity benefit for a maximum period of one month. However, they must submit proof of their illness.

Notice of claim for maternity benefit

A pregnant woman is required to give her employer a notice in writing, stating that the maternity benefit that she is entitled to should be given to her or any person nominated by her and that she will not be working during the period in which she receives the benefit. This notice should start from the date when she was absent from work, provided that date is not earlier than six weeks from the date of her expected delivery. This notice can also be given soon after the delivery.

On receiving the notice, the employer is bound to permit the woman to absent herself from work until the expiry of six weeks after the delivery.

In case a woman fails to give notice, this does not dis-entitle her from claiming maternity benefit. The employer is still liable to pay her the amount due to her.

Dismissal during absence on account of pregnancy

When a woman absents herself from work on account of illness during pregnancy, she may not be discharged or dismissed by her employer or issued notice for dismissal. It is equally unlawful for the employer to alter any of the conditions of her service to her disadvantage.

If she is discharged or dismissed from service, she should still be entitled to receiving maternity benefit or medical bonus. She cannot be deprived of these.

The woman can be dismissed only if she is guilty of gross misconduct. In this case, the employer is well within his rights to deprive her of the maternity benefit or medical bonus.

A woman who has been deprived of maternity benefit or medical bonus may, within sixty days from the date on which the order was communicated to her, appeal to the relevant authority. This authority has the final say on whether the woman should or should not be deprived of these benefits.

According to the law, if a woman continues to report to work during the period when she is entitled to maternity benefit, she forfeits her claim to the maternity benefit for the period. However, individual companies may allow the woman to take her leave as late as possible so that she may have more time to nurse the baby later on.

An employer who violates the provisions of the Maternity Benefits Act can be punishable with imprisonment up to three months or with fine up to five hundred rupees or both. Besides, if the violation is related to the non-payment of maternity benefit or any other amount, the court can recover this amount as if it is a fine and pay it to the aggrieved person.

The Maternity Benefits Act has a lot of provisions that are beneficial to the pregnant woman. It is up to the pregnant woman to find out what they are and to take advantage of them. The Act is a good example of the State taking its social responsibility very seriously.

From India, New Delhi
hi,sheikhahsan, i give answer as per indian law regarding maternity benifit, i dont know any about pakistani laws , regards hemant sailor
From India, New Delhi
hi,

yes you are entitled for maternity leave. for this in india there THE MATERNITY BENEFIT ACT, 1961 is there.

A women shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less then eighty days in the twelve months immediately proceeding the date of her expected delivery (section-5[2])

PAYMENT OF MATERNITY BENEFIT: Every women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of average daily wage for the period of her actual absence, and any period of her actual absence, and any period immediately following the date of delivery and including the actual day for her delivery (Section –5). In addition to the maternity benefit, every women shall also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and

post natal care is provided free of charge (section-8)

PROHIBITED PERIOD OF EMPLOYEMENT OR WORK: The employment of

women, or work by women in any establishment during the six weeks immediately following the day of her delivery or her miscarriage (sectiion-4).

with regards

kuldeep singh rathore

From India, Hyderabad
Dear Sheikhahsan,

I think despite the replies posted to your question, your query remains unsolved. I think due to difference in Indian & Pakistani Laws, it will be more appropriate to seek local advice or any member well-versed with pakistani maternity benefit act could offer advice.

Also, Hemant, I guess u have posted the article of cynthia rodrigues appearing on <link no longer exists - removed> . But there's a contradiction between certain excerpts of the article posted by you & the comments posted by kuldeep as mentioned below:-

Hemant Sailor - To be eligible for maternity benefit, a woman should have worked in an establishment for not less than 160 days in the twelve months immediately prior to the date of her expected delivery.

Kuldeep Rathore - A women shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less then eighty days in the twelve months immediately proceeding the date of her expected delivery (section-5[2])

Kindly clarify whether the stipulated period of working in the 12 months prior to the date of expected delivery is 160 days or 80 days???

thanks & regards,

- Archana

From India, Mumbai
Dear Friends,
Maternity benefit act will allow & be applicable to any women employee who has been employed with her current organisation for a minimum of 80 days.
However not aware if the same is applicable in Pakistan.
Regards
Suvarna

From India, Bangalore
hi,

archana,

now i am also confused,

plz senior help to us regarding this matter;

i am sending section 5 from,

http://www.vakilno1.com/bareacts/maternitybenact/s5.htm

they mention 160 days eligibility,

i want right answer from our senior,

Section 5. Right to payment of maternity benefit.- (1) Subject to the provisions of this Act, 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 immediately preceding and including the day of her delivery and for the six weeks immediately following that day.

Explanation - For the purpose of this sub-section, 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 three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, which ever is higher.

(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom the claims maternity benefit, for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery:

Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into she State of Assam and was pregnant at the time of the immigration.

Explanation. - For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day:

Provided that where a woman dies during this periods, the maternity benefit shall be payable only for the days up to and including the day of her death:

Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following that day of her delivery but if the child also dies during the said period, then, for the days up to and including the day of the death of the child.

regards

hemant sailor

From India, New Delhi
hi,archana,

now i am sending some more topic regarding maternity benefits from different site,

i think 80 days eligibility is right answer,

this note is from http://popline.org <link updated to site home>

Title: The Maternity Benefit (Amendment) Act, 1988 (No. 61 of 1988), 30 November, 1988.

POPLINE Document Number: 085971

Corporate Author(s):

India

Source citation:

ANNUAL REVIEW OF POPULATION LAW, 1988;15:101.

Abstract:

Major provisions of this Act of India on maternity benefits are summarized as follows: Section 2 of the principal Act has been substituted to extend the provisions of the Act to shops or establishments employing 10 or more persons. The rate of maternity benefits payable to women employees for each day of absence has been fixed at the average daily wage or the minimum rate of wage fixed or revised under the Minimum Wages Act or 10 rupees, whichever is higher. The qualifying period for grant of maternity benefit has been reduced from 160 days of actual work in the preceding 12 months to 80 days of actual work in the preceding 12 months. In Section 5, Subsection (3) has been substituted to provide that the maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than six weeks shall precede the date of her expected delivery. If the woman, after having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable to pay for the maternity benefit of the entire period; but if the child also dies during the said period, then for the days up to the date of the death of the child. Section 6 amends Section 8 of the principal Act to raise the rate of medical bonus payable to a woman entitled to maternity benefit from 25 rupees to 250 rupees. Section 17 of the principal Act has been amended to provide that where a woman's maternity benefits have been improperly withheld or she is discharged or dismissed, she may make a complaint to the Inspector who may make enquiry and pass such orders as are just or proper according to the circumstances of the case. If an employer fails to pay any amount of maternity benefit to a woman entitled under this Act, or discharges or dismisses her, he shall be punishable with imprisonment which shall not be less than three months but which may be extended to one year and with a minimum fine of 2000 rupees extendible to 5000 rupees. The penalty for obstructing an Inspector in the performance of his duties has been made punishable with one year imprisonment or with a fine expendable to 5000 rupees. (full text)

regards

hemant sailor

From India, New Delhi
hi Archana,
thats good atlast your confusion is solved.
if you want clarification or have any question in business law, industrial law, labour law. you are most welcome.
with regards
kuldeep singh rathore
MBA-MBL

From India, Hyderabad
i need a clarification regarding eligibility for allowances under maternity leave.i am a doctor working in rural area of andhra pradesh .I want to know if i am eligible to draw allowances like rural allowance acadamic allowance etc.Are there any orders relating to it
Dr. Madhavi



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