Page 210 - DCOM207_LABOUR_LAWS

Unit 12: The Maternity Benefit Act, 1961

Notes

Notes The maximum period for which a woman can get maternity benefit is twelve
weeks. Of this, six weeks must be taken prior to the date of delivery of the child and six
weeks immediately following that date.

To be entitled to maternity leave, however, a woman must have actually worked for not less
than 80 days in the twelve months immediately preceding the day of her expected delivery.
Only working days are taken into account when calculating these 80 days. Weekly holidays and
all leave - paid or unpaid - are not included. However, if a workman is laid off from work, such
periods will be deemed as working days.
To avail of the six weeks’ leave before expected delivery, a notice must be given in writing stating
the date of absence from work also a certificate of pregnancy. (There is a form for both which
must be filled in). The employer has to pay the maternity benefit in advance for this period to the
concerned employee or any person nominated for this purpose.
For the six weeks’ leave from the date of delivery, another notice must be sent together with a
certificate of delivery after the child is born. The employer has to pay to the employee, or her
nominees, maternity benefit within 48 hours of receiving this notice. The failure to give notice for
the subsequent six weeks does not, however, disentitle a woman from maternity benefit.

Did u know? Every woman entitled to maternity benefit is also entitled to a medical bonus
of rupees two hundred and fifty if no pre-natal and post-natal care have provided for by
the employer free of charge.
In case of miscarriage, a woman is entitled to six weeks leave with pay from the day of miscarriage.
In this case, too, .she must give notice, together with a certificate of miscarriage.

Example: For illness arising out of pregnancy, delivery, premature birth or miscarriage, a
woman employee can take extra leave up to a maximum period of one month. She has, of course,
to get a certificate from a doctor in the prescribed form. This leave can be taken at any time during
the pregnancy, or can be attached to the six weeks prior to or after delivery or miscarriage.
With a view to encourage planned parenthood, the Act provides for (a) six weeks leave with
wages in cases of medical termination of pregnancy (MTP); (b) grant of leave with wages for a
maximum period of one month in cases of illness arising out of MTP or tubectomy; and (c) two
weeks’ leave with wages to women workers who undergo tubectomy operation.,
A female employee can ask for light work for one month preceding the six weeks prior to her
delivery or during these six weeks if, for any reason, she does not avail of her leave.

12.5.1 Penalties

Penalties in this Act should be given on following perspectives:

Penalty for contravention of Act by employer
(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this
Act or discharges or dismisses such woman during or on account of her absence from work
in accordance with the provisions of this Act, he shall be punishable with imprisonment
which shall not be less than three months but which may extend to one year and with fine
which shall not be less than two thousand rupees but which may extend to five thousand
rupees:

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