Chapter 6(E) Maternity Benefit Act, 1961 – CS Professional Labour Laws and Practice Notes is designed strictly as per the latest syllabus and exam pattern.
Maternity Benefit Act, 1961 – CS Professional Labour Laws and Practice Study Material
Question 1.
What rights does a woman has upon her return to work from maternity leave? (Dec 2019, 6 marks)
Answer:
When a female employee resumes her employment, then she is entitled to following benefits:
Every woman who has delivered a child and returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
Every establishment having fifty or more employees shall have the facility of creche within such distance as may be prescribed, either separately or along with common facilities. The employer shall allow four visits a day to the creche by the woman, which shall also include the interval for rest allowed to her.
Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Maternity Benefits Act, 1961.
Question 2.
“Under the Maternity Benefit Act, 1961, women employees are entitled to maternity benefit at the rate of average daily wage for the period of their actual absence up to 26 weeks due to the delivery”. In this connection, is it necessary for a working woman to give notice to its employer for maternity benefit? (Aug 2021, 6 marks)
Answer:
Section 6 of the Maternity Benefit Act, 1961 deals with notice of claim for maternity benefit and payment thereof. Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in prescribed form, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
In the case of women who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery. Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof, that the woman is pregnant and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has delivered a child.
Question 3.
Ruchika is working in an establishment and she legally adopted a girl child aged one month. She claimed for the maternity leave and other benefits but her employer denied since she has not given the birth, but adopted a child. Ruchika approaches to you for the opinion. Discuss whether Ruchika is entitled for the maternity benefits as provided under the relevant law. (June 2022, 6 marks)
Question 4.
What was the rationale for enactment of Maternity Act, 1961 ?
Answer:
- Maternity Benefit Act is 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.
- It gives a woman the assurance that her rights will be looked after while she is at home to care for her child.
Question 5.
What is the scope of Maternity Act, 1961 ?
Answer:
Maternity Benefit Act applies to every establishment being a factory, shop or other establishment, mine or plantation including any such establishment belonging to Government.
Question 6.
What are the major provisions of Maternity Act ?
Answer:
- As per the provisions of Maternity act every woman shall be entitled to the payment of Maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the 26 weeks immediately following that day
- Out of the maternity benefit period, maximum period for which any woman shall be entitled to take preceding the date of her expected delivery of 8 weeks.
- Every establishment having 50 or more employees shall have the facility of creche.
- No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
- No pregnant women shall do during the specified period any work which is of hazardous 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.
Maternity Benefit Act, 1961 Notes
Maternity Benefit (Amendment Act) 2017:
Maternity Benefit Act, 1961 has been amended as Maternity Benefit (Amendment Act) 2017. It received the assent of President on 27th March 2017.
It was amended to increase the ambit to provide that every woman shall be entitled to the payment of Maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the 26 weeks immediately following that day (as against the earlier twelve weeks)
Out of the maternity benefit period, maximum period for which any woman shall be entitled to take preceding the date of her expected delivery of 8 weeks (instead of 6 weeks).
A woman who legally adopts a child below age of 3 months or a commissioning mother shall be entitled to maternity benefit for period of 12 weeks immediately following the date of Every establishment having 50 or more employees shall have the facility of creche. Every employer shall allow 4 visits a day to the creche (including interval for rest allowed to her).
Maternity Benefit Act and its provisions:
- Maternity Benefit Act is 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.
- No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
- No pregnant women shall do during the specified period any work which is of hazardous 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.
Notice of claim for Maternity benefit and payment thereof
- Any woman entitled to maternity benefit has to give notice in writing in such form as may be prescribed, to her employer.
- Notice shall contain that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice.
- Notice shall contain that she will not work in any establishment during the period for which she receives maternity benefit.
Failure to give notice of claim for Maternity benefit
- The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit.
- In any such case an Inspector may either on his own motion or on an application made to him by the woman, order the payment of such benefit.
Payment or Maternity benefit in case of death of a woman
If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.
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 subject to certain conditions.
Appointment of Inspectors
- The Appropriate Government may appoint such officers as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their function under this Act.
- Every Inspector appointed under this Act shall be deemed to be a public servant.
Power to exempt establishments
If the appropriate Government is satisfied that having regard to an establishment or a class of establishments providing for the grant of benefit which are not less favourable than those provided in this Act, it is necessary so to do, it may, by notification in the Official Gazette, exempt such establishments subject to certain conditions.