The Maternity Benefits Act

2341 Words Jan 17th, 2012 10 Pages
THE MATERNITY BENEFITS ACT, 1961
BY SUSHMA SUDHINDRA

1. OBJECTIVE
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. To provide healthy maintenance of pregnant women employee and her child

2. APPLICABILITY

Every factory, mine or plantation(including those belonging to Government) To every shop or establishment wherein 10 or more persons are employed

3. TERMS OF EMPLOYMENT
No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. No woman shall work in any establishment during the 6 weeks immediately following the day of
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6. PAYMENT IN CASE OF DEATH OF THE WOMAN
If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit , the employer shall pay such benefit or amount to the person nominated by the woman in the notice given and in case there is no such nominee, to her legal representative.

7. PAYMENT OF MEDICAL BONUS

Every woman entitled to maternity benefit under this act shall also be entitled to receive from her employer a medical bonus of 25 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge.

8. LEAVE FOR MISCARRIAGE

In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of 6 weeks immediately following the day of her miscarriage.

9. LEAVE FOR ILLNESS ARISING OUT OF PREGNANCY, DELIVERY, PREMATURE BIRTH OF CHILD, OR MISCARRIAGE
A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of 1 month.

10. NURSING BREAKS

Every woman
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