Author Name:   Shreyaa

An Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits.

Maternity Benefit Act, 1961 (MBA)

WHAT IS MATERNITY BENEFIT? (S. 5)

• Payment at average daily wage Absence from work before and after delivery.
• Average wage = period of 3 calendar months immediately preceding herself she absents herself = fixed as per the Minimum Wages Act, 1948 or Rs. 10, whichever higher.
• For period of her actual absence
• i.e. period immediately preceding day of delivery, actual day of delivery and any period immediately following that day

WHERE DOES IT APPLY? (S. 3)

·         All establishments, including mines, factories and plantations belonging to Government.

·         Any establishment wherein persons are employed for exhibition of equestrian, acrobatic and other performances.

·         Any shop or establishment under any other law pertaining to shops or establishment in State where 10 or more people are/were employed, in the preceding 12 months.

·         Except those to which the Employees’ State Insurance Act, 1948 (ESI) are applicable for the time being. (S.5A & 5B)

·         To women who cannot claim under ESI – Section 50 (because income is above 3000 pm) then they can claim under MBA. (S.5A & 5B)

WHOM DOES IT APPLY TO? (S. 5)

·         Woman should have worked for not less than 80 days in the 12 preceding months from her expected date of delivery.

·         Working period = days the woman was laid-off paid holidays

·         Not to woman who has immigrated into Assam or was pregnant at that time.

·         If the woman dies during delivery or in the period immediately following the delivery and the child survives, then the employer is liable to pay the full maternity benefit of that period to the child. (S. 7)

·         But if the child dies, then the benefit is calculated upto and including the date of death of child.

·         Women engaged in casual or muster roll basis on daily wages also entitled.

NOTICE FOR MATERNITY BENEFIT? (S. 6)

·         Notice in writing (in the prescribed form) to her employer.

·         Maternity amount paid to her or to her nominee (to be specified in the notice)

·         Will not work in any establishment during the period.

·         Advance amount paid before leave and due amount paid on proof that child is delivered.

·         If notice not given before deliver, can be given as soon as possible after delivery.

·         The failure to give notice, however, does not disentitle the woman to the benefit of the Act.

MEDICAL BONUS

·         If free medical care not provided to the woman.

·         Amount of Rs. 3500 (w.e.f. 19-12-2011)

GRANTING OF PAID LEAVE [wages @ maternity benefit] (S. 9 – S. 12)

ADDITIONAL REASONS FOR LEAVE MENTIONED IN AMENDMENT ACT, 2017

·         Adoptive mothers – child below 3 months of age – 12 weeks leave.

·         Commissioning mother (having surrogate child) – from the day the child is handed over to her for 12 weeks.

·         Option to work from home – immediately from the next date after the maternity leave is over – till mutually decided by the employer and employee – only if the nature of work assigned to her permits her.

UNLAWFUL DISMISSALS (S. 12)

·         During or on account of such absence.

·         Give notice that will expire during her period of absence

·         During her pregnancy such that she cannot avail the benefits (unless it is gross misconduct and properly communicated to the woman).

PENALTY FOR CONTRAVENTION

·         For non-payment of benefit or dismissing or discharging

·         Punishment of imprisonment not less than 3 months upto 1 year

·         Fine not less than Rs. 2000 upto Rs. 5000.

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