Page 212 - DCOM207_LABOUR_LAWS

Unit 12: The Maternity Benefit Act, 1961

Notes

Notes If a woman entitled to maternity benefit dies before receiving her dues, the
employer has to pay the person nominated by her in the notice, or to her legal representative,
in case there is no nominee. If she dies during the six weeks before delivery, maternity
benefit is payable only for the days up to and including the day of her death. If she dies
during delivery or during the following six weeks, leaving behind a child, the employer
has to pay maternity benefit for the entire six weeks; but if the child also dies during the
period, then only for the days up to-and including the death of the child.

12.6.1 Forfeiture

A female employee, however, can be deprived of maternity benefit if:

1. after going on maternity leave, she works in any other establishment during the period she
is supposed to, be on leave; and
2. during the period of her pregnancy, she is dismissed for any prescribed gross
misconduct;
The acts which constitute misconduct are
(a) Wilful destruction of employer’s goods or property;
(b) Assaulting any superior or co-employee at the place of work;
(c) Criminal offence involving moral turpitude resulting in conviction in a court of law;

(d) Theft, fraud or dishonesty in connection with the employer’s business or property; and
(e) Wilful non-observance of safety measures or rules or wilful interference with safety devices
or with fire fighting equipment.

The aggrieved woman may, within sixty days from the date, on which the order of such
deprivation is communicated to her, appeal to the prescribed authority, and the decision of the
authority on such appeal shall be final.
Self Assessment

State whether the following statements are true or false:
16. An employer is prohibited from knowingly employing any woman in any establishment
during the five weeks immediately following the day of her delivery or her miscarriage.

17. Each State does not have its own rules as to the length of this break
18. An employer can reduce the salary on account of light work assigned to her or for breaks
taken to nurse her child.

12.7 Right to Payment of Maternity Benefit

The Right to Payment of Maternity Benefit are as follows:
(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer
shall be liable for, the payment of maternity benefit at the rate of the average daily wage for
the period of her actual absence, that is to say, the period immediately preceding the day
of her delivery, the actual day of her delivery and any period immediately following that
day.

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