Dear all,
Please provide me with some information on the Maternity Benefit Act. According to the Act, any female employee is entitled to a maximum of 12 weeks, out of which six weeks should precede the expected delivery date.
Could someone please clarify how we should compensate female employees during their maternity leave? Do we need to pay their full month's salary or just the Basic+DA+HRA components?
I would appreciate a prompt response.
Thank you,
Payal Gade
From India, Pune
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11Please provide me with some information on the Maternity Benefit Act. According to the Act, any female employee is entitled to a maximum of 12 weeks, out of which six weeks should precede the expected delivery date.
Could someone please clarify how we should compensate female employees during their maternity leave? Do we need to pay their full month's salary or just the Basic+DA+HRA components?
I would appreciate a prompt response.
Thank you,
Payal Gade
From India, Pune
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Hi Payal yes it paid on gross salary after deducting Pf and other deductions like welfare etc. Regards Hitesh
From India, New Delhi
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From India, New Delhi
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Thanks friends, Basicall we have two women employees going for the maternity leave and i was wondering whether to pay them or not...but thanks as you helped in this. Thanks Payal Gade
From India, Pune
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From India, Pune
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Hi Wanted to clarify - NOT MORE than 6 weeks can be taken before the delivery date. That means that fewer than 6 weeks can be taken before the delivery, and the balance after childbirth.
From India, Gurgaon
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From India, Gurgaon
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Hi Gunita,
Yes, the employee can avail less than six weeks of leave before delivery and can use the same after delivery. The leave availed has to be continuous and not in breaks. It should finish in one go.
Regards,
Hitesh
From India, New Delhi
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Yes, the employee can avail less than six weeks of leave before delivery and can use the same after delivery. The leave availed has to be continuous and not in breaks. It should finish in one go.
Regards,
Hitesh
From India, New Delhi
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Dear Payal,
Regarding your query about HRA + Basic, etc., you will have to pay the lady employee the actual salary as if she were working for all those days. Secondly, as per the law, you need to pay her the entire salary for the period mentioned in point no. 5.
Here are some general rules regarding the Maternity Act:
A married female employee is entitled to maternity leave as per the Maternity Benefit Act 1961 or The Employee State Insurance Act 1948, as per the provisions of the Act applicable to her.
1. Ensure the salary is more than 10,000 pm. If less than this, you can avail the maternity benefit only under the Employee State Insurance Act 1948.
2. To be eligible for the maternity benefit, the employee should work for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
3. The employee should give notice at least 8 weeks in advance for maternity leave, supported by a medical certificate.
4. Maternity leave is an additional leave other than the usual leaves/facilities existing.
5. The Employee will be paid full pay for up to 12 weeks, approximately 6 weeks before delivery and 6 weeks after, provided that she undertakes not to take up any job during these 12 weeks.
6. If this leave is extended, then the payment will be made to the extent of the credit balance leaves in her account; otherwise, it would be leave without pay.
7. No pay shall be due or payable in lieu of unavailed maternity leave.
I hope the above information will help you make decisions and formulate a maternity policy for future instances.
Best Regards,
Tina
From India, Mumbai
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Regarding your query about HRA + Basic, etc., you will have to pay the lady employee the actual salary as if she were working for all those days. Secondly, as per the law, you need to pay her the entire salary for the period mentioned in point no. 5.
Here are some general rules regarding the Maternity Act:
A married female employee is entitled to maternity leave as per the Maternity Benefit Act 1961 or The Employee State Insurance Act 1948, as per the provisions of the Act applicable to her.
1. Ensure the salary is more than 10,000 pm. If less than this, you can avail the maternity benefit only under the Employee State Insurance Act 1948.
2. To be eligible for the maternity benefit, the employee should work for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
3. The employee should give notice at least 8 weeks in advance for maternity leave, supported by a medical certificate.
4. Maternity leave is an additional leave other than the usual leaves/facilities existing.
5. The Employee will be paid full pay for up to 12 weeks, approximately 6 weeks before delivery and 6 weeks after, provided that she undertakes not to take up any job during these 12 weeks.
6. If this leave is extended, then the payment will be made to the extent of the credit balance leaves in her account; otherwise, it would be leave without pay.
7. No pay shall be due or payable in lieu of unavailed maternity leave.
I hope the above information will help you make decisions and formulate a maternity policy for future instances.
Best Regards,
Tina
From India, Mumbai
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Hi,
I hope you can go through the below details to get more clear picture on Maternity Act.
Maximum period is 12 weeks and out of which six week shall precede the date of her expected delivery. "
"According to Maternity act, this act applicable for whole of india. Employment of, or work by,women prohibited during certain period:
1. No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery (Miscarriage or Medical termination of pregnancy)
2. No woman shall work in any establishment during the six weeks immediately following the day of her delivery(Miscarriage or Medical termination of pregnancy)
3.The period referred in Act shall be-
• The period of one month immediately preceding the period of six weeks, before the date of her expected delivery.
• Any period during the said period of 6 weeks for which the pregnant woman does not avail leave of absence under section.
Note:
The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.
Query:
1 Can u help me with the section/subsection?
2 again to clarify my question. Can an employer be penalized for not
providing an employee 6 weeks(includes date of delivery) leave post
delivery?
3 As per statute 12 weeks of maternity leave is provided to an
employee. Suppose if an employee has taken 11 weeks pre delivery.
(assming that there were no complications) can she claim another 6
weeks post of paid leave delivery.
Answer:
1. Under section 6.
2. Penality for contravention of Act by employer:
Imprisonment may extend to one year or fine.
--- Forfeiture of maternity benefit
If permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period.
For discharging or dismissing such a woman during or on account of her absence from work, the employer shall be punishable with imprisonment which shall not be less than 3 months, but it will extend to one year and will find, but not exceeding Rs.5,000. Sec. 18
---- Conditions for eligibility of benefits
Women indulging temporary of unmarried are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery
3. The Employee can not claim.
For Your views on Maternity Benefit act, 1961:
i) Applicability
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].
ii) Duties / Obligations / Contents:
a) Not to employ a women, during six weeks immediately after her delivery, miscarriage or medical termination of pregnancy.
b) Not to provide arduous nature of work to pregnant women.
c) 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.
d) 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.
e) To grant one month 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.
f) To give two breaks of 15 minutes each to nursing mothers until the child attains the age of 15 months.
g) Not to discharges, dismiss during the period of absence allowed under the Act / Rules.
h) To exhibit abstract of the Act and the Rules in the premises.
i) Under this Act Muster Roll in Form 'A' as per Rule 3 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.
1) Name of the women employee
2) Age
3) Date of giving Notice of pregnancy in Form 'D'
4) Amount of wages paid
5) Period of leave: From To
The above particulars have to be furnished as and when the beneficiaries apply to avail the benefits.
J) The employer is bound to supply copies of Forms 'B', 'C', 'D', 'E', 'F','G', 'H' and 'I', free of cost to every women employee who requests for them as per Rule 12.
k) All the records so obtained have to be preserved for a period of two years from the date of preparation.
L) Abstract of the provisions of the Act and Rules in Form 'J' has to be displayed in a conspicuous place in the establishment.
m) Annual Return in Form 'K' has to be submitted on or before 31st January of every year.
iii) 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.
The act applies to women working in establishments employing 10 or more persons (including mines, factories, plantations offices, shops, circuses) that. It applies to practically all women in the organized sector.
The act provides that a woman (who has actually worked for a period of not less than 160 days) shall be entitled to maternity benefit for absence from work not exceeding three months (six weeks immediately preceding and including the day of delivery and for the six weeks immediately following that day). This obviously restricts the period of exclusive breast-feeding of the infant to six weeks. A woman is also entitled to an additional period of leave with wages upto a maximum of one month, if she is suffering from illness arising out of pregnancy delivery, premature birth or miscarriage.
Quote:
This clause is intended to safeguard the mother's health but cannot be used only to extend the period of breast-feeding.
Section 11 rule 6 provides for two nursing breaks of 15 minutes duration each in the course of the mother's working day. If the crèche is not attached to the work place she can take not less than 5 or not more than 15 minutes time for travel. This assumes that the mother has access to a crèche or some other facility near enough for her to avail
of the nursing breaks.
It is evident that the present laws and conventions regarding maternity leave benefits are not supportive to the breast-feeding mother, either quantitatively or qualitatively. To begin with, the law leaves out, for the basic purpose of maternity leave, the vast majority of women in the unorganised sector including home-based workers, self-employed, contract workers, etc., as well as lets slip many who work in small establishments in the organised sector. And secondly, the provision regarding nursing breaks can become operative only for a minuscule number, as will be seen below.
Qualitatively, the law practically debars healthy mothers from exclusively breast feeding their infants for more than six weeks and more or less compels them to resort to supplementary milk foods, thus running counter to the intention of the new bill for the regulation of infant foods and breast milk substitutes.
The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of. Production, Supply and Distribution) Act, 1992.
Maternity Benefit Act, 1961
- Maternity benefits to be provided on completion of 80 days working.
- Not required to work during six weeks immediately following the day of delivery or miscarriage.
- No work of arduous nature; long hours of standing likely to interfere with pregnancy/normal development of foetus; or which may cause miscarriage or is likely to affect health to be given for a period of one month immediately preceding the period of six weeks before delivery.
- On medical certificate, advance maternity benefit to be allowed.
- Rs. 250/- as medical bonus to be given when no pre-natal confinement and post natal care is provided free of charge.
From India, Coimbatore
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I hope you can go through the below details to get more clear picture on Maternity Act.
Maximum period is 12 weeks and out of which six week shall precede the date of her expected delivery. "
"According to Maternity act, this act applicable for whole of india. Employment of, or work by,women prohibited during certain period:
1. No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery (Miscarriage or Medical termination of pregnancy)
2. No woman shall work in any establishment during the six weeks immediately following the day of her delivery(Miscarriage or Medical termination of pregnancy)
3.The period referred in Act shall be-
• The period of one month immediately preceding the period of six weeks, before the date of her expected delivery.
• Any period during the said period of 6 weeks for which the pregnant woman does not avail leave of absence under section.
Note:
The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.
Query:
1 Can u help me with the section/subsection?
2 again to clarify my question. Can an employer be penalized for not
providing an employee 6 weeks(includes date of delivery) leave post
delivery?
3 As per statute 12 weeks of maternity leave is provided to an
employee. Suppose if an employee has taken 11 weeks pre delivery.
(assming that there were no complications) can she claim another 6
weeks post of paid leave delivery.
Answer:
1. Under section 6.
2. Penality for contravention of Act by employer:
Imprisonment may extend to one year or fine.
--- Forfeiture of maternity benefit
If permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period.
For discharging or dismissing such a woman during or on account of her absence from work, the employer shall be punishable with imprisonment which shall not be less than 3 months, but it will extend to one year and will find, but not exceeding Rs.5,000. Sec. 18
---- Conditions for eligibility of benefits
Women indulging temporary of unmarried are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery
3. The Employee can not claim.
For Your views on Maternity Benefit act, 1961:
i) Applicability
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].
ii) Duties / Obligations / Contents:
a) Not to employ a women, during six weeks immediately after her delivery, miscarriage or medical termination of pregnancy.
b) Not to provide arduous nature of work to pregnant women.
c) 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.
d) 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.
e) To grant one month 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.
f) To give two breaks of 15 minutes each to nursing mothers until the child attains the age of 15 months.
g) Not to discharges, dismiss during the period of absence allowed under the Act / Rules.
h) To exhibit abstract of the Act and the Rules in the premises.
i) Under this Act Muster Roll in Form 'A' as per Rule 3 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.
1) Name of the women employee
2) Age
3) Date of giving Notice of pregnancy in Form 'D'
4) Amount of wages paid
5) Period of leave: From To
The above particulars have to be furnished as and when the beneficiaries apply to avail the benefits.
J) The employer is bound to supply copies of Forms 'B', 'C', 'D', 'E', 'F','G', 'H' and 'I', free of cost to every women employee who requests for them as per Rule 12.
k) All the records so obtained have to be preserved for a period of two years from the date of preparation.
L) Abstract of the provisions of the Act and Rules in Form 'J' has to be displayed in a conspicuous place in the establishment.
m) Annual Return in Form 'K' has to be submitted on or before 31st January of every year.
iii) 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.
The act applies to women working in establishments employing 10 or more persons (including mines, factories, plantations offices, shops, circuses) that. It applies to practically all women in the organized sector.
The act provides that a woman (who has actually worked for a period of not less than 160 days) shall be entitled to maternity benefit for absence from work not exceeding three months (six weeks immediately preceding and including the day of delivery and for the six weeks immediately following that day). This obviously restricts the period of exclusive breast-feeding of the infant to six weeks. A woman is also entitled to an additional period of leave with wages upto a maximum of one month, if she is suffering from illness arising out of pregnancy delivery, premature birth or miscarriage.
Quote:
This clause is intended to safeguard the mother's health but cannot be used only to extend the period of breast-feeding.
Section 11 rule 6 provides for two nursing breaks of 15 minutes duration each in the course of the mother's working day. If the crèche is not attached to the work place she can take not less than 5 or not more than 15 minutes time for travel. This assumes that the mother has access to a crèche or some other facility near enough for her to avail
of the nursing breaks.
It is evident that the present laws and conventions regarding maternity leave benefits are not supportive to the breast-feeding mother, either quantitatively or qualitatively. To begin with, the law leaves out, for the basic purpose of maternity leave, the vast majority of women in the unorganised sector including home-based workers, self-employed, contract workers, etc., as well as lets slip many who work in small establishments in the organised sector. And secondly, the provision regarding nursing breaks can become operative only for a minuscule number, as will be seen below.
Qualitatively, the law practically debars healthy mothers from exclusively breast feeding their infants for more than six weeks and more or less compels them to resort to supplementary milk foods, thus running counter to the intention of the new bill for the regulation of infant foods and breast milk substitutes.
The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of. Production, Supply and Distribution) Act, 1992.
Maternity Benefit Act, 1961
- Maternity benefits to be provided on completion of 80 days working.
- Not required to work during six weeks immediately following the day of delivery or miscarriage.
- No work of arduous nature; long hours of standing likely to interfere with pregnancy/normal development of foetus; or which may cause miscarriage or is likely to affect health to be given for a period of one month immediately preceding the period of six weeks before delivery.
- On medical certificate, advance maternity benefit to be allowed.
- Rs. 250/- as medical bonus to be given when no pre-natal confinement and post natal care is provided free of charge.
From India, Coimbatore
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Dear All,
This is in connection with the queries and responses that it has evoked; it is amazing and really insightful, especially Tina's and R. Vijey's responses. However, regarding Tina's response, I may clarify that for availing the benefit of maternity under any of the acts, a female need not be married. Many times, we subconsciously assume this aspect.
Kudos once again and keep it going. 😊
Regards,
Joseph
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This is in connection with the queries and responses that it has evoked; it is amazing and really insightful, especially Tina's and R. Vijey's responses. However, regarding Tina's response, I may clarify that for availing the benefit of maternity under any of the acts, a female need not be married. Many times, we subconsciously assume this aspect.
Kudos once again and keep it going. 😊
Regards,
Joseph
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in reference to r.vijey's post,
Quote:
Section 11 rule 6 provides for two nursing breaks of 15 minutes duration each in the course of the mother's working day. If the crèche is not attached to the work place she can take not less than 5 or not more than 15 minutes time for travel. This assumes that the mother has access to a crèche or some other facility near enough for her to avail
of the nursing breaks.
It is evident that the present laws and conventions regarding maternity leave benefits are not supportive to the breast-feeding mother, either quantitatively or qualitatively. To begin with, the law leaves out, for the basic purpose of maternity leave, the vast majority of women in the unorganised sector including home-based workers, self-employed, contract workers, etc., as well as lets slip many who work in small establishments in the organised sector. And secondly, the provision regarding nursing breaks can become operative only for a minuscule number, as will be seen below.
Unquote
Can i get further details on this?
Specially Section 11 rule 6 and benefits of a breast feeding mother.
thanks & rgds,
From India, Delhi
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Quote:
Section 11 rule 6 provides for two nursing breaks of 15 minutes duration each in the course of the mother's working day. If the crèche is not attached to the work place she can take not less than 5 or not more than 15 minutes time for travel. This assumes that the mother has access to a crèche or some other facility near enough for her to avail
of the nursing breaks.
It is evident that the present laws and conventions regarding maternity leave benefits are not supportive to the breast-feeding mother, either quantitatively or qualitatively. To begin with, the law leaves out, for the basic purpose of maternity leave, the vast majority of women in the unorganised sector including home-based workers, self-employed, contract workers, etc., as well as lets slip many who work in small establishments in the organised sector. And secondly, the provision regarding nursing breaks can become operative only for a minuscule number, as will be seen below.
Unquote
Can i get further details on this?
Specially Section 11 rule 6 and benefits of a breast feeding mother.
thanks & rgds,
From India, Delhi
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Hi, Can anybody tell me under Karnataka Maternity benefit act, is it necessary to maintain Form A (Muster Roll) as we have records in the Form U annual return filed. Thanks in advance! Byju
From India, Bangalore
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From India, Bangalore
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Dear,
The Maternity Benefit Act, 1961, is a Central Act. You might have gone through the Karnataka Maternity Benefit Rules, and under these Rules, a muster roll in Form 'A' is to be maintained if this act is applicable to your establishment. For sending the annual return under this Act, we are to send the annual return in 3-4 forms. Please go through your state Rules for maintaining the relevant records and for sending the annual return.
Regards,
R.N. Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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The Maternity Benefit Act, 1961, is a Central Act. You might have gone through the Karnataka Maternity Benefit Rules, and under these Rules, a muster roll in Form 'A' is to be maintained if this act is applicable to your establishment. For sending the annual return under this Act, we are to send the annual return in 3-4 forms. Please go through your state Rules for maintaining the relevant records and for sending the annual return.
Regards,
R.N. Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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Maternity Benefits Act 1961.pdf
Maternity Benefits Under The Maternity Benefits Act 1961.docx