R.N.Khola
Labour Laws & Ir
Aditi Jain, Delhi
Recruitment, Performance Appraisal, Training,

Title: Maternity Benefit Act, 1961 (applied all over India)

Description: This act regulates the employment of women for 26 weeks before and after child-birth (of which not more than 8 weeks shall precede the date of her expected delivery).

Every woman is entitled to receive average wages (as drawn by her during the last 3 months) during her leave in the mentioned period. Wages include Basic, DA, HRA, incentive bonus & money value of other supplied articles incl. food but does not include overtime wages or fines.

In case of miscarriage, the woman is entitled for 6 weeks leave (with wages) immediately following the day of her miscarriage.

A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall be entitled (in addition to the period of absence allowed) to take leave with wages at the rate of maternity benefit for a max of 1 month.

Every woman who returns to duty after delivery (in addition to the interval for rest) shall be allowed 2 breaks for nursing the child till the child is 15 months old.

Entitlement: Any woman who has worked for at least 80 days in 12 months immediately preceding the date of her expected delivery.

Applicability: Establishment or company employing 10 or more employees (once covered under act even if the number falls below 10 the applicability will continue).

Payment: 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 submission of pregnancy proof & the amount due for the subsequent period shall be paid by the employer to the woman within 48 hours of submission of child delivery proof.

In case, where a woman dies during the period for which she is entitled for the maternity benefit, leaving behind the child, the employer shall be liable to pay for the maternity benefit for that entire period to the nominee. If the child also dies during the said period, then, for the days up to and including the date of the death of the child is paid.

The woman is entitled to receive Rs. 250 from her employer as medical bonus, if no free of charge pre-natal confinement and post-natal care is provided.

Last amendment (2016): Duration of maternity leave increased from 12 weeks to 26 weeks (of which not more than 8 weeks instead of 6 weeks shall precede the date of her expected delivery) for the first 2 children; after that benefit will continue to be 12 weeks (of which not more than 6 weeks shall precede the date of her expected delivery).

It introduces provision of crèche (with 50 or more employees) and woman will be allowed 4 visits (including her rest intervals) to the crèche in a day.

Intimation to the woman (in writing) at the time of her appointment of the maternity benefits available to her and provision to permit woman to work from home once maternity leave is over.

It also introduces a provision to grant 12 weeks of maternity leave (calculated from the date the child is handed over to the adoptive or commissioning mother) to adoptive mothers (who legally adopts a child below three months of age) and commissioning mothers (biological mother who uses her egg to create an embryo implanted in another woman).

Process Flow Chart:

Entitled woman employee may give notice in writing to her employer, stating the date from which she will be absent from work with details of a nominee; she may even give such notice as soon as possible after the delivery. (Failure to give notice shall not disentitle a woman to maternity benefit);

The employer permits absenteeism and release benefit payment as prescribed above.

It shall be unlawful for the employer to discharge or dismiss or give such notice to woman employee during or on account of such absence (can be done for prescribed gross misconduct).

The woman can appeal to the Inspectors appointed by appropriate Govt. (within 60 days of notice reception).

If not satisfied, appeal to the next authority (within 30 days of notice reception).

NOTES:

No woman shall work and no employer shall knowingly employ a woman - during the 6 weeks immediately following the day of her delivery or her miscarriage.

No woman shall work (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) or be forced to work by her employer - during 1 month immediately preceding the period of 6 weeks leave before the date of her expected delivery and during the 6 weeks before the date of her expected delivery if she is not availing leave during this period.
Dear Member, This is to inform you that at present amount of medical bonus is Rs. 3500/-. We have also not received any gazette notification on amendment of MB Act, 1961 on increase of maternity benefit etc. If you have any notification copy then plz provide us.
With Regards,
R N KHOLA
Sir i have started my contribution from septem ber 2017 till date.I have delivered my baby on 1st April 2018 so am i eligible to claim maternity benefit
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