Obligations of employer under Maternity Benefit Act.

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1. Intimation about availability of maternity benefit

The amended provisions of section 11A (2) provide that 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 Benefit Act.

2. Providing maternity leave

Maximum period for which any woman shall be entitled to maternity benefit shall be 26 weeks for which, not more than 8 weeks shall proceed for date of her expected delivery. However, the maximum period entitled to maternity benefit by a woman having two (2) or more than two surviving children shall be twelve (12) weeks of which not more than six (6) weeks shall precede the date of her expected delivery.

An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage, or premature birth.

3. Providing leave to a woman on adoption of a child

A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve (12) weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.

4. Prohibition of Employment of Workmen during Certain Period

(1) No employer shall knowingly employ a workman in an establishment during the six (6) weeks immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six (6) weeks immediately following the day of her delivery or her miscarriage;

(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made

by her in this behalf, be required by her employer to do during the period specified in sub-section (4) and work which is of an arduous 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 fetus or is likely to cause her miscarriage or otherwise to adversely affect her health

(4) The period referred to in sub-section (3) shall be—

(a) The period of one month immediately preceding the period of six (6) weeks, before the date of her expected delivery.

(b) Any period during the said period of six (6) weeks for which the pregnant woman does not avail of leave of absence under section 6.

5. Continuance of Payment of Maternity Benefit in Certain Cases

Every woman entitled to the payment of maternity benefit under the Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.

6. Payment of Maternity Benefit in Certain Cases

Every woman—

(a) Who is employed in a factory or other establishment to which the provisions of the Employees'

State Insurance Act, 1948 (34 of 1948) apply.

(b) Whose wages (excluding remuneration for overtime work) for a month exceed the amount

specified in sub-clause (b) of clause (9) of section 2 of that Act; and

(c) Who fulfils the conditions specified in sub-section (2) of section 5; shall be entitled to the

payment of maternity benefit under the Act.

7. Payment of Maternity Benefit in Case of Death of a Woman

If a woman entitled to maternity benefit or any other amount under the Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under second proviso to sub-section (3) of section 5, 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.

8. Payment of Medical Bonus

Every woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of three thousand and five hundred rupees (Rs.3500/-), if no pre-natal confinement and post-natal care is provided for by the employee free of charge.

9. Leave for Miscarriage, Medical Termination of Pregnancy and Tubectomy Operation

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 six (6) weeks immediately following the day of her miscarriage.

In case of miscarriage or medical termination of pregnancy, 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 six (6) weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.

In case of tubectomy operation, 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 two (2) weeks immediately following the day of her tubectomy operation.

10. Leave for Illness Arising Out of Pregnancy, Delivery, Pre-mature Birth of a Child, or Miscarriage

A woman suffering from 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 the rate of maternity benefit for a maximum period of one month.

11. Nursing Breaks

Every woman delivered of a child who 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 (2) breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

12. Creche facility

Every establishment having fifty (50) or more employees shall have the facility of crèche within such distance as may be prescribed, either separately or along with common facilities. Provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the interval for rest allowed to her.

13. Prohibition for Dismissal during Absence of Pregnancy

(1)   When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

(2)   (a) The discharge or dismissal of women, at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8 of the Act, shall not have the effect of depriving her of the maternity benefit or medical bonus:

Provided that where the dismissal is for any prescribed gross misconduct, the employer

may, by order in writing communicated to the woman, deprive her of the maternity       benefit or medical bonus or both.

(b) Any woman deprived of maternity benefit or medical bonus or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of the Act, may, within sixty (60) days from the date on which the order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, or discharged or dismissed, shall be final.

(c) Nothing contained in this sub-section shall affect the provisions contained in sub-section (1).

14. No Deduction of Wages in Certain Cases

No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under

the provisions of the Act shall be made by reason only of—

 (a) The nature of work assigned to her by virtue of the provisions contained in sub-section (3) of

section 4, or

 (b) Breaks for nursing the child allowed to her under the provision of section 11 of the Maternity

Benefit Act, 1961.

15. Exhibition of Abstract of the Act and the Rules made there under

An abstract of the provisions of Act and the rules made there under in the language or languages of

the locality shall be exhibited in a conspicuous place by the employer in every part of the

establishment in which women are employed.

16. Maintenance of Registers, etc.

Every employer shall prepare and maintain such registers, records and muster rolls and in such

manner as may be prescribed.

17. Maintenance of Muster Rolls by Establishment of Mines and Circus

 (a) The employer of (every mine or circus) in which women are employed shall prepare and maintain

  a muster roll in Form ‘A' and shall enter therein particulars of all women workers in (the mine or circus).

 (b) All entries in the muster roll shall be made in ink and maintained up to-date and it shall always be available for       inspection by the Inspector during working hours.

 (c) The employer may enter in the muster roll such other particulars as may be required for any other purpose of the   Act.

18. Obligation to assign work to a woman doing from her home

In case where the nature of work assigned to a woman is of such nature that she may work from

home, the employer may allow her to do so after availing of the maternity benefit for such period

and on such conditions as the employer and the woman may mutually agree.

19. Submission of Returns by Mines and Circus

(a)    The employer of (every mine or circus) shall on or before the 21st day of January in each year submit to the Competent Authority a return in each of the Forms ‘L', ‘M', ‘N' and ‘O' giving information as to the particulars specified in respect of the preceding year.

(b)   If the employer of (a mine or circus) to which the Act applies sells, abandons or discontinues the working of (the mine or circus) he shall, within one month of the date of sale or abandonment or

four months of the date of discontinuance, as the case may be, submit to the Competent Authority a further return in each of the said forms in respect of the period between the end of the preceding year and the date of sale, abandonment or discontinuance.

20. Penalty for Contravention of the Act by the Employer

 (1) If any employer fails to pay any amount of maternity benefit to a woman entitled under the Act or discharges or  dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees (Rs.2000/-) but which may extend to five thousand rupees (Rs.5000/-) Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.

 (2) If any employer contravenes the provisions of the Act or the rules made there under, he shall, if no other penalty is elsewhere provided by or under the Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees(Rs.5000/-), or with both: Provided that where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall, in addition recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto.

21. Penalty for Obstructing the Inspector

Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuance of the Act or the rules made there under or conceals or prevents any person from appearing before or being examined by an Inspector shall be punishable with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both.