Page 244 - DMGT516_LABOUR_LEGISLATIONS

Unit 9: Social Security Legislations

Maternity Benefit Notes

Maternity benefit comprises of compensation for the period of actual absence of a woman
employee due to her pregnancy. It is payable for the period of her actual absence immediately
preceding and including the day of her delivery and for the six weeks immediately following
that day, at the rate of the average daily wages or the minimum wages as specified or 10/-,
whichever is highest. If a woman employee does not avail six weeks' leave preceding the date of
her delivery, she can avail of that leave following her delivery, provided the total leave period
does not exceed 12 weeks.
If, however, a woman dies during this period, the benefit is payable only unto the day of her
death.

"The average daily wages" means the average of the wages payable to her for the days on which
she has worked during the period of three calendar months immediately preceding the day
from which she absents herself on account of maternity.

9.12 Benefits

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.
The services of a woman worker cannot be terminated during the period of her absence on
account of pregnancy, except for gross misconduct.

1. 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.
2. To be entitled to maternity leave, 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.
3. 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.
4. 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.
5. Every woman entitled to maternity benefit is also entitled to a medical bonus of rupees
two hundred and fifty, if pre-natal and post-natal care has not been provided for by the
employer free of charge.

6. In case of miscarriage, a woman is entitled to six weeks leave, with pay from the day of
miscarriage. In this case also, she must give notice, together with a certificate of miscarriage.
7. 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 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.

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