Page 209 - DCOM207_LABOUR_LAWS

Labour Laws

Notes
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Caution But the State Government can do so only with the approval of the Central
Government, after giving not less than two months’ notice, by a notification in the Official
Gazette, of its intention to do so.
The Act specifically excludes the applicability of the provisions of the Act to any factory or
other establishment to which provisions of the Act to any factor or other establishment to which
provisions of the Act to any factor or other establishment to which provisions of the Employees’
State Insurance Act, 1948, apply for the time being. The Act was amended on May 1, 1976 to
extend the benefits to all women employees earning more than the wage ceiling in establishments
covered by the E.S.I. Act.

Conditions for Eligibility of Benefits

Following are the conditions for the eligibility of benefits:
1. Ten weeks before date of her expected delivery, she may ask employer to give her light
work for a month (At that time she should produce a certificate that she is pregnant).
2. She should give written notice to employer about seven weeks before date of her delivery
that she will be absent for six weeks before & after her delivery.
3. She should also name person to whom payment will be made in case she cannot take it
herself.
4. She should take payment for the first six weeks before she goes on leave.
5. She will be entitled to two nursing breaks of fifteen minutes each in course of her daily
work till her child is fifteen months old.
6. Leave for Miscarriage and Tubectomy Operation.
7. Leave with wages at rate of maternity benefit, for a period of six weeks immediately
following day of her miscarriage or her medical termination of pregnancy.
Self Assessment

Fill in the blanks:
10. The Act was brought into force in mines with effect from .................., after repealing the
Mines Maternity Benefit Act, 1941.

11. The .................. government may extend all or any of the provisions of the Act to any
other establishment or class of establishments, industrial, commercial, agricultural or
otherwise.

12. The Act was amended on ..................-to extend the benefits to all women employees earning
more than the wage ceiling in establishments covered by the E.S.I. Act.

12.5 Benefits and Penalties of this Act

The Maternity Benefit Act is a piece of social legislation enacted to promote the welfare of
working women. It prohibits the working of pregnant women for a specified period before and
after delivery. It also provides for maternity leave and payment of certain monetary benefits to
women workers during the period when they are out of employment because of their pregnancy.
Further, the services of a woman worker cannot be terminated during the period of her absence
on account of pregnancy, except for gross misconduct.

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