Maternity benefit act

Maternity Benefit Act 1961 in layman language.

1. THE MATERNITY BENEFIT ACT 1961 Dr. Bhim Rao Ambedkar University Agra Institute Of Social Science(I.S.S) Department Of Social Work Presented To: Pro Dr. R . K. Bharti Presented By: Rishabh Garg M.S.W-3 rd Sem Roll No.- 28

2. INTRODUCTION It is the act number 53 of 1961. It is implement on 12 th Dec 1961. Total 30 sections in this act. This act is enacted on the basis of article no. 39(e)&(f) of the constitution. Before Passing of this act ,many acts were there for woman at state level. To reduce the disparity(Differences) relating to maternity provisions, maternity benefits act,1961 came into force(Implement in 1972 in India but not all states). By the end of 1972, It was made applicable to whole India union. Including ‘JK’ (Alost Implement in all states of India). This act was changed Drastically(many) in 1988.It was the biggest Amendments in the act.

3. MEANING OF MATERNITY BENEFIT An act to regulate(control) the employment of woman in certain establishment for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. Gives her the assurance that her rights will be looked after while she is at home to care for her chid.

4. IMPORTANT DEFINITIONS CHILD :- Includes a still born child. Still born child means a child death before birth. DELIVERY :- Means the birth of a child. COMMISSIONING MOTHER - It is a biological mother who uses her egg in other woman to get a child.(Amend on 27/mar/2017) TUBECTOMY OPERATION - Surgical procedure which help in permanent contraception to women.

5. OBJECTIVES It aims to regulate the employment of women in certain periods before and after childbirth. To provide for maternity benefits including maternity leave, wages, bonus ,nursing breaks etc. To protect the dignity of motherhood and the dignity of a new person by providing for full and healthy maintenance of the women and her child at this important time when she is not working. To give the assurance that her rights will be looked after while she is at home to take care for her child. To provide healthy maintenance of pregnant women employee and her child.

6. APPLICABILITY It applies to every factory, mines, plantation and establishment belonging to government and every establishment where persons are employed to exhibition(performance) of Equestrian(Horse riding), Acrobatic(Gymnastic) and other performance. Every shop/ establishment in which 10 or more workers were working on any day in the preceding 12 months. State government with permission of central government can apply the provision of this act (by giving at least 2(two) months notification in official gazette).To any other establishment or class of establishment, Industries, Commercial, Agriculture etc. The act is not applicable on any factory or other establishment to which the provision of Employee State Insurance Act, 1948 apply.

7. RESTRICTIONS ON EMPLOYMENT/WORK BY WOMEN After the-(18 months) 1. Expected date of delivery. 2. Actual date of delivery or miscarriage or medical termination of pregnancy. Employer do not give these types. 1. Arduous nature.(hard work ) 2. Long Standing hours. (machines, plantation) 3. Any act which is likely to adversely affect her health. Before the expected date of delivery-(8months) 1. Neither employer give such work nor employee (woman) demand such work. 2. Arduous nature.(hard work) 3. Long Standing hours. (machines, plantation) 4. Any act which is likely to adversely affect her health or health of unborn child.

8. REASONS OF RESTRICTIONS 1. To protect her and her newly born child. 2. So that any act should not interfere with her pregnancy or normal development of foetus. 3. No act should be done which is detrimental to the health of unborn child.

9. RIGHT TO PAYMENT OF MATERNITY BENEFIT Calculation of maternity benefit- calculation of average daily wages of last 3 months was worked in establishment. Average daily wages = Amount earned in 3 months/ Number of day in months . NOTE- Keep minimum wages act 1948 in mind while calculating average. Maximum limit on maternity benefit is 26 weeks or 182 days or 6months. ELIGIBILITY - Minimum 80 days worked preceding the date of expected delivery including layoff(Government holidays or employer holiday or company valid holidays).

10. ACTUAL DATE OF DELIVERY WOMEN LIVE LIVE DEATH DEATH CHILD LIVE DEATH LIVE DEATH In the 3 rd case women death and child birth maternity benefit give but child death after the 7 th day of the birth the maternity will give till death date of the child (including death day.)

11. FORFEITURE OF MATERNITY BENEFIT If the women work in her maternity benefit period in another establishment her maternity benefit shall be forfeits '.

12. SEC.6 NOTICE OF CLAIM FOR MATERNITY BENEFIT AND PAYMENT THEREOF Notice by employee women – In writing. By employee woman who wants to claim maternity benefit. To the employer from whom she wants to claim maternity benefit. Payment to whom, a) To her. b) To her nominee or legal representative(Acc. to sec7). She will expressly mention that she will not work in any other establishment during the time for which she gets maternity benefit.

13. CON... In that notice she will also mention the date from which she will take maternity leave. Not from the date earlier than 8weeks from the date of expected delivery. If notice is not given before delivery then it can give after delivery (does not matter). If notice is not given at all. Even then she is entitled to get maternity benefit. PAYMENT OF MATERNITY BENEFIT - Advance - Payment due for the period before expected delivery. After delivery - Balance with in 48hours of producing a proof of delivery.

14. PAYMENT OF MEDICAL BONUS To be done by employer to women employee. Medical bonus is additional to maternity benefit. If no pre-natal(before birth) confinement or post-natal care is being provided by employer, free of charge. They will give medical bonus of 3500 amount. If the employer provides pre-natal confinement or post-natal care to employee women, free of charge.

15. LEAVE FOR MISCARRIAGE,MEDICAL TERMMINATION,COMMISSIONING MOTHER,TUBECTOMY OPERATION. 1. Eight weeks of maternity benefit in the case of miscarriage, medical termination of pregnancy. 2. Twelve weeks of maternity benefit in the case of commissioning mother. 3. Two weeks of maternity benefit in the case of tubectomy operation.

16. LEAVE FOR ILLNESS ARISING OUT OF PREGNANCY Etc. If the delivery is not fine means the delivery was- Premature birth. Miscarriage. Medical termination of pregnancy Tubectomy operation. After taken the maternity benefit, if women feel ill so she can take more one month leave with wages.

17. NURSING BREAKS When that woman returns to work after delivery of child. Two additional breaks of 15-15 minutes for nursing her child till her child is of the age of 15 months. CRECHE(BABY CARE) - Every establishment having 50 or more employees shall have the facility of creche. The employer shall allow four visits a day to the creche by the woman which shall also included the intervals for rest allowed to her.

18. DISMISSAL DURING ABSENCE OF PREGNANCY Employer cannot dismiss her or give notice to for her dismissal(no discharge or dismissal of women employee), so that there is no disadvantage being given to that pregnant employee. Even if that notice is given, she will be entitled to maternity benefit or medical bonus due from employer. Employer is still liable to pay maternity benefit and medical bonus. If dismissal notice served to her she can appeal with in 60 days of communication of dismissal to her. To prescribed authority in this case decision of that authority shall be final. For the discharging or dismissing such a women during or on account of her absence from work, the employer shall be punishable with imprisonment which shall not be less than3months, but it will extent to one year and will find, but not exceeding rupees 5000.

19. NO DEDUCTION OF WAGES IN CERTAIN CASES If the women do the light work and take the additional breaks(nursing) the employer can not reduce the women salary. This is benefits provide by law, no deduction shall be made. Any law/agreement which is inconsistent with maternity benefit act 1961. If that agreement/law gives more maternity benefits to women employee then it is allowed. If that agreement/law gives less maternity benefit or no maternity benefit to women employee then, this agreement is not valid. Even if women employee is ready to accept less or no maternity benefit. This agreement will not be valid.

20. POWERS OF INSPECTOR REGARDING PAYMENT OF MATERNITY BENEFIT Employer Mischief - Does not pay maternity benefit/medical bonus. Pay is with held - Employer do not give the maternity benefit/medical bonus or both to the woman employee. Employer do not give the maternity benefit/medical bonus or both to the nominee/legal representator . INSPECTOR - Either on his own.

21. THANK YOU QUESTIONS ARE WELCOME