Q&A Maternity Benefit Act
Dear Reader,
The Maternity Benefits Act has form to regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits.
There are many question which is been asked with me time to time by my various client(s) & I strongly feel that I must share this with all, so that we all can be better complied & take proper legitimate care of working women in regards to her maternity benefit.
In this page shall keep posting continuously about all the queries which keeps on coming to me via various source to response. You are also requested to please drop your queries in the comment section so that I can response to the same. Shall try to keep this updated on real time basis as & when I face or receive any question(s) in regards to Maternity Benefits Act.
Question 1 - A woman worker, went on Maternity Leave from 1st Feb’22 to 31st July’22, but she is interested to join back on the regular duty from 27th June’22. Would request you to please let us know if we can consider it or not.
Answer:- Without prejudice, no pregnant woman shall be required to do work during the period of ‘one month immediately preceding’ the date of her expected delivery for any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
Refer :- Section 4(3) & (4)(a) of the Maternity Benefits Act, 1961
“…4. Employment of, or work by, women prohibited during certain period. --(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.(4) The period referred to in sub-section (3) shall be –(a) at the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6. …”
Question 2 - Please let us know when the maternity gets applicable to a female associate after date of joining.
Answer :- The Act become applicable on
very same day from the date of a female worker joins to our organization.
But the woman shall be entitled to maternity benefit payment once she has
actually worked for a period of not less than eighty days in the twelve months
immediately preceding the date of her expected delivery.
Explanation of Response:- For the purpose of
calculating the days on which a woman has actually worked in the establishment,
the days for which she has been laid off or was on holidays declared under any
law for the time being in force to be holidays with wages during the period of
twelve months immediately preceding the date of her expected delivery shall be
taken into account.
Refer
- U/s 5(2) of Maternity benefit Act 1961
- The verdict pronounced by the hon’ble Supreme Court of India in the case of the Municipal Corporation of Delhi vs. Female Workers (Muster Roll) and Ors. (08.03.2000 - SC)
To be continue...
