Applicability (Maternity Benefit Act)
Applicable to every shops and establishment, a factory, mine, a plantation, in which ten or more persons are employed.
[Note: Where benefits under ESI Act are available, the Maternity Benefit Act will not be applicable].
Duties / Obligations / Contents:
Not to employ a women, during six weeks immediately after her delivery, miscarriage or medical termination of pregnancy.
Not to provide arduous nature of work to pregnant women.
To pay maternity benefits for a maximum period of twelve weeks of which six weeks before delivery and six weeks after delivery provided the women works for a minimum of 80 days in a year.
To grant leave with wages for six weeks in case of miscarriage and medical termination of pregnancy and leave with wages for two weeks in case of tubectomy operation.
To grant one months leave with wages, in addition to maternity benefits, for illness arising out of pregnancy, delivery, pre-mature birth of a child, miscarriage, medical termination of pregnancy and tubectomy operation.
To give two breaks of 15 minutes each to nursing mothers until the child attains the age of 15 months.
Not to discharges, dismiss during the period of absence allowed under the Act / Rules.
To exhibit abstract of the Act and the Rules in the premises.
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i) Under this Act Muster Roll in Form ‘A’ as per Rule 3 of Tamilnadu Maternity Benefit Rules has to be maintained, for which the following particulars are needed in respect of the women employees who avail the benefits under the Act.
Name of the women employee
Age
Date of giving Notice of pregnancy in Form ‘D’
Amount of wages paid
Period of leave: From To
The above particulars have to be furnished as and when the beneficiaries apply to avail the benefits.
The employer is bound to supply copies of Forms ‘B’, ‘C’, ‘D’, ‘E’, ‘F’,’G’, ‘H’ and ‘I’, free of cost to every women employeewho requests for them as per Rule 12 of the Tamilnadu Maternity Benefit Rules.
All the records so obtained have to be preserved for a period of two years from the date of preparation.
Abstract of the provisions of the Act and Rules in Form ‘J’ has to be displayed in a conspicuous place in the establishment.
Annual Return in Form ‘K’ has to be submitted on or before 31st January of every year.
Consequence of Non-Compliance of the Requirements:
Failure to comply with certain provisions of the Act and Rules, may attract imprisonment upto one year and fine from Rs.2,000/- to Rs. 5,000/- or both.
Administering Authority
For Factories : Inspectorate of factories
For others : Labour Department