Hell0:
After so many good people have expressed themselves, it is indeed difficult to say something new. However, I state very briefly as under:
1) There is no law that prevents/prohibits employment of women in family way so long as the employer and the employee have no issues.
2) Even if out of ESI coverage, Maternity Banefits Act will apply and both parties will be bound by it.
3) The main points of this law are:
a) A woman who proposes to enjoy statutory benefits under the act, has to have worked with the employer for at least 80 days prior to the expected date of her delivery.
b) She is eligible to receive a maximum of 12 weeks of leave with full pay, of which not more than six weeks can be enjoyed before expected date of her delivery and not less than six weeks after the delivery.
c) She is also entitled to Medical Bonus of Rs. 2500/- on delivery.
d) In addition there are stipulation like what consequences will follow for both parties in case of misscarriage, death of the child or the mother during delivery ETC. In fact if the concerned woman has to abstain from work due to ailment arising out pregnancy and/or delivery, then she will be entitled to another one month's leave on full pay!
Let the above stated parameters decide whether the employer wishes to employ a pregnant woman and let her decide if can claim benefits under the act in her special situation and if both wish to enter the Employer-Employee rerlationship.
I recommend that, if we study the The Maternity Benefit Act 1971 with latest amendments, we will gain more insights in the matter and will be able to form studied opinions on the issue!
Cheers
samvedan
August 27, 2010
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