(As Amended by Act No. 6 of 2017 dt. 28-3-2017)
Factory, Mine, Plantation, Government establishment, exhibition of equestrian, Acrobatics & other performances. Shop or establishment with 10 or more persons employed. By Notification to other establishments, Industrial, commercial, agricultural or otherwise after giving not less than 2 months' notice. Not applicable- where ESI Act is applicable.
Minimum 80 days of work including holidays. Max. period of Maternity Benefit- 26 weeks of which not more than 8 weeks are before delivery. Sec. 5(3) Commissioning and adoptive mother - 12 weeks of which not more than 6 weeks prenatal. Sec. 5(4) Mother with 2 or more children - 12 weeks of which not more than 6 weeks prenatal. Sec. 5(3) Proviso Benefit If woman dies- upto death. If child is left behind it is for whole period and if child dies, up to its death. (Sec. 5 Rule 5(2) Form 4.) Calculations' MB @ Average daily wage.Average Daily wage = 3 months average before absence Sec. 5(1)..
Child-includes still born child. [Sec. 3(b)] Commissioning Mother - A biological mother who uses her egg to create an embryo implanted in any other women. [Sec. 3(ba)] Delivery means birth of child. [S.3(c)] Employer - Govt. establishment appointed authority, etc. Establishment under local authority - person appointed, CEO, etc. Other cases person or authority who has ultimate control, Managing Director, etc. [S. 3(d)] Wages - remuneration paid or payable in terms of contract of employment, express or implied - Includes - Cash allowances, DA, etc. does not include - incentive Bonus, overtime etc. Does not include - Any bonus other than incentive bonus, overtime, etc. [S. 3(n)]
Sec. 11A(1) - Establishment with 50 or more employees should have facility of creche.
Medical Bonus-3500/- S. 8 Rule 4(1) Form 2. Leave for miscarriage - 6 weeks S. 9 Rule 5(1)(a) Form 3, tubectomy operation (S. 9A) Leave for illness arising out of pregnancy etc.-I month S. 10 Rule 5(1) Form 2.. Nursing Breaks- Twice daily Min.- 5 min., Max.- 15 mins. S. 11 Rule 6. Employer cannot dismiss after notice and dismissal will not deprive of Maternity Benefit. Benefit can be deprived for gross misconduct of employee S. 12 Rule 7.
Notice to be given by pregnant woman stating the date from which she will be absent which is not earlier than 6 weeks from date of expected delivery Failure to give notice will not disentitle a woman to maternity benefit. [Sec. 6 Rule 3 Form 1]
Medical Bonus-3500/- S. 8 Rule 4(1) Form 2. Leave for miscarriage - 6 weeks S. 9 Rule 5(1)(a) Form 3, tubectomy operation (S. 9A) Leave for illness arising out of pregnancy etc.-I month S. 10 Rule 5(1) Form 2.. Nursing Breaks- Twice daily Min.- 5 min., Max.- 15 mins. S. 11 Rule 6. Employer cannot dismiss after notice and dismissal will not deprive of Maternity Benefit. Benefit can be deprived for gross misconduct of employee S. 12 Rule 7.
Payment of Maternity Benefit Preceding delivery- In advance. Subsequent amount- upon proof within 48 hours. S. 6(5). Abstract of Act to be exhibited. Sec. 19 Rule 11, Form 9. Maintenance of records registers etc. under Rule 12(1) Form 10 records to be preserved for 3 yrs. Employer to file returns on or before Jan. 15th every year to competent authority under rule 15 in Form 11 Sec. 20. Employer to file Returns by Jan. 15 every year. Rule 15, Form 11. Sec. 11A(2)-Establishment shall intimate in writing and electronically at the time of initial appointment every benefit available under the Act.
Inspector Intervenes if Maternity Benefit is withheld or employee is dismissed during her absence Rule 9(1) Form 6. If aggrieved by decision of Inspector- Appeal within 30 days to Prescribed Authority. Rule 10(1) Form 8.
If a woman works in contravention of S. 6
Woman deprived of Maternity benefit or Medical Bonus or is discharged during her absence of work may appeal within 60 days to the competent Authority. [S. 12 (2) (b) Rule 8(1) Form 5].
Failure to pay Maternity Benefit or dismissal during absence-Imprisonment-Min. 3 months, Max. 1 year and Fine min. 2000/- max. 5000/-Sec. 21 Where no penalty is provided-Imprisonment - Max. 1 year. Fine Max. 5000/- or both. Obstructing Inspector-Imprisonment upto 1 year or fine upto 5000/- or both See. 22
Overriding effect of the Act - S. 27 Act overrides anything inconsistent contained in any other law or in terms of any award, agreement or contract of service. Women entitled to more favourable benefits under any other Act notwithstanding her entitlement under this Act.
