Welcome to Karma Management Consultants Pvt.Ltd

End to End Recruitment Solutions	About Us \| Job Seekers \| Head Hunters \|Clientelle\| Industry Verticals \| e-Recruit \|Demo \|Contact \| HOME

JOBS UNLIMITED
Info to Applicants
Hot Jobs
Post Resume
Services

HEAD HUNTERS
Info to Clients
Scope of Services
Post a Vacancy
Search Resume

CAREER MANAGER
Interview Tips
Self Assessment
Career Counselling
Resources

PAYROLL MANAGEMENT
Services
Scope of Work
Method of Delivery
Reports
Downloads

PERSONNEL LAWS
PF Act
ESI Act
Factory & Establishment Act
Contract Labour Act
Downloads
Other Acts

DA's

STAFFING/OUTSOURCING
Concept
Line of Work
Procedures

Site Map

Tell a Friend

Feedback

THE MATERNITY BENEFIT ACT, 1961

SALIENT PROVISIONS

Restriction on Employment of Pregnant Woman
No Employer to knowingly employ a women during the period of 6 weeks immediately following the day of her delivery or miscarriage or medical termination of pregnancy. Employer not to require a pregnant women employee to do any arduous work involving long hours outstanding or any other work which is likely to interfere with her pregnancy, cause miscarriage or adversely affect her health during the period of one month preceding the period of 6 weeks before the date of her expected delivery and during the said period of 6 weeks for which she does not avail the leave as provided in Sec. 6 of the Act. - Sec. 4.

Discharge or Dismissal to be Void - Sec. 12 (1)
Discharge or Dismissal of a pregnant women shall not disentitle her to the maternity benefit or the medical bonus; except when such dismissal or discharge is on account of gross misconduct, criminal offence, dishonesty or willful non-observance of safety measures or rules.

Meaning of Maternity Benefit
Prior to 1989 Amendment - If a woman employee could not avail of the six weeks leave preceding the date of her delivery. She was entitled to only six weeks leave post delivery. However, by the above amendment, the position has changed. A pregnant woman can avail 12 weeks leave post delivery.

A women employee is entitled to maternity benefits under the Act irrespective of the number of children she has.

Amount of Benefit
Maternity benefit is payable at the rate of average daily wages for the period of her actual absence, during the benefit period. Wages to include basic, D.A., HRA, incentive bonus and money value of other concessions.

In case of woman's death during benefit period, the benefit is payable.
i. Upto and including the day of her death, in case she dies without delivering a child.
ii. For entire period in case she dies after delivering the child
iii. In case the child also dies during the period upto and including the day of child's death.

Benefit payable for maximum 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.

"Average daily wage" means wages payable for the days which she has worked during the period of 3 calendar months from the date of absenteeism on account of maternity, the minimum wages fixed or revised, under the Minimum Wage Act or Rs.10/- whichever is highest - Sec.5.

Notice of Claim
In prescribed form stating
payment of maternity benefit
that she will not work during the period she receives maternity benefit
Notice of Absenteeism from work with dates - Sec. 6 (1) & (2)

Notice to be given during the pregnancy or as soon as possible after the delivery. Failure to give notice however does not disentitle the woman to the benefits of the Act.

Payment of Maternity Benefit
Payment of Maternity Benefit preceding the date of expected delivery, to be paid by the Employer in advance on production of proof of pregnancy, balance amount to be paid within 48 hours on production of proof of delivery. - Sec. 6(5). In case of death of woman employee amount of benefit to be paid to her nominee or legal representative as the case may be. - Sec. 7

Leave for Miscarriage etc. and illness
In case of miscarriage or medical termination of pregnancy 6 weeks immediately following the date of her miscarriage or medical termination of pregnancy - Sec 9.

Leave for Tubectomy Operation
Two weeks

Leave for illness
Leave for a maximum period of one month with wages in case of illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy or tubertomy operation - Sec.10.

Medical Bonus
Rs.250/-, if no pre-natal confinement and post-natal care is provided for by the employer free of charge - Sec. 8.

Nursing Breaks
2 breaks of 15 minutes duration each for nursing the child until the child attains the age of 15 months - Sec. 11.

No Deduction of wages
Due to nature of work assigned to her or for the nursing breaks allowed to her - Sec.13

Forfeiture of Maternity Benefit
If any woman, allowed to go on maternity leave works in any other establishment for any period during the authorized leave, then her claim to the maternity benefit for such period worked shall be forfeited.

.....back