Maternity Act

Objectives of Act To regulate employment of women

For a certain period before and after the birth of child

To provide for maternity benefit To protect the dignity of motherhood and the dignity of a new person's birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.

Applicability of the Act

Provisions of this Act shall not apply to any factory or other establishment to which the provisions of ESI act applies.

Regulating the employment

Employer shall not employ a women If he knows that With in six weeks she has delivered a child or Has suffered the miscarriage

Right to claim maternity benefit

Maternity benefit shall be at the rate of average daily wages for the period of her actual absence The period of absence under this Act shall be six weeks before delivery and sex weeks after the delivery

Eligibility for maternity benefit

She has actually worked in an establishment of the employer for a period of not less than one 80 days in the preceding twelve months.

Maximum period of bonus

Twelve weeks

Six weeks upto and including day of her delivery and six weeks immediately following that day

Notice of claim

Claim of benefit is to be made to the employer through a notice in writing Contents of notice:

Amount of maternity benefit Any other amount to which she may be entitled to. Date from which she will remain absent from work Failure to give notice shall not disentitle the women to the maternity benefit act

Leave for miscarriage

Entitled to maternity benefit for a period of six weeks immediately following the day of miscarriage

Additional 12 weeks leave with wages for a maximum period of one month

Leave for illness arising out of pregnancy, delivery, premature birth of child

Nursing break

Entitled to two breaks untill the child attains the age of fifteen months.

Benefits under the Act

Cash Benefits Leave with average pay for six weeks before the delivery Leave with average pay for six weeks after the delivery A medical bonus of Rs. 25 if the employer does not provide free medical care to the woman An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage or premature birth In case of miscarriage, six weeks leave with average pay from the date of miscarriage

Non Cash Benefits/Privilege

Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it Two nursing breaks in the course of her daily work until the child is 15 months old No discharge or dismissal while she is on maternity leave No change to her disadvantage in any of the conditions of her employment while on maternity leave Pregnant women discharged or dismissed may still claim maternity benefit from the employer Exception: Women dismissed for gross misconduct lose their right under the Act for Maternity Benefit

Leave for Miscarriage & Tubectomy Operation

Leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or her medical termination of pregnancy Entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation

Leave for illness arising out of pregnancy etc.

Leave for illness arising out of pregnancy etc. A woman suffering from illness arising our of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}

Penalty provisions