Page 245 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes 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.

9.13 Restrictions on Employment

An employer is prohibited from knowingly employing any woman in any establishment during
the six weeks immediately following the day of her delivery or her miscarriage. Likewise, a
woman is prohibited from working in any establishment during this period of six weeks.
Further, no pregnant woman shall, on a request being made by her, be given:

1. Any work which is of an arduous nature;
2. Any work which involves long hours of standing;
3. Any work which in any way is likely to interfere with her pregnancy or the normal
development of the foetus, or is likely to cause miscarriage or otherwise adversely affect
her health.
A female employee resuming duties after delivery is to be given two nursing breaks of prescribed
duration, in addition to her regular rest intervals, to nurse the child until her child attains the
age of fifteen months.
An employer cannot reduce the salary on account of light work assigned to her or for breaks
taken to nurse her child; further, she cannot be discharged or dismissed on grounds of absence
arising out of pregnancy, miscarriage, delivery or premature birth. Nor can her service conditions
be altered to her disadvantage during this period.
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.
9.14 Forfeiture

A female employee 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:
1. Willful destruction of employer's goods or property;
2. Assaulting any superior or co-employee at the place of work;

240 LOVELY PROFESSIONAL UNIVERSITY