Understanding the Maternity Benefit Act 1961: Can Female Employees Be Legally Terminated?

Coverage Under the MB Act, 1961

In our company, there are 12 women employees, out of which 8 women employees are covered under the Employees' State Insurance Act, 1948. Could you please confirm if the remaining 4 women employees are covered under the MB Act, 1961?

Conditions for Legal Termination of Female Employees

What are the conditions under which a female employee can be legally terminated?

Eligibility for Maternity Benefits Without Notice

If a female employee does not give notice to her employer, will she still be eligible for maternity benefits under the MB Act, 1961?

Restrictions on Female Employees Working in Factories

What are the conditions under which a female employee is not allowed to work in a factory according to the MB Act, 1961?

Ans 1: Remaining 4 employees must be covered under MB Act.

Ans 2: In general, an employee can be terminated for grounds of disciplinary issues, misusing assets, company policy violations, or violence (termination based on the nature of the activity).

Ans 3: I do not understand your question.

Ans 4: An employee can take maternity leave up to 12 weeks prior to the due date.

Regards,

Nijanthan C

Question 3:
A female employee did not give notice to her employer. Will she be eligible for maternity benefits under the Maternity Benefit Act 1961? - Yes, not giving notice or intimation about pregnancy will not take away her right. As an employer, you have to educate employees about the steps and procedures they need to take before availing the benefits.

Question 4:
Can women employees work during pregnancy? Employers should prevent women employees from working 8 weeks before the expected date of delivery and 18 weeks after delivery.

A female employee who has not received her confirmation letter and is covered under ESIC - can she still claim her Maternity Benefits from the employer.

Dear Kalika Pande,

The woman employee concerned is eligible to claim Maternity Benefit from the employer as provided in The Maternity Benefit Act, 1961 subject to eligibility. Non-confirmation in service is no bar to claim the benefit.