Priyashi Barthwal is teaching live on Unacademy Plus
NTA NET/JRF Dec 2018 Labour Welfare Code 55 Maternity Benefit Act 1961 Rate, Review, Comment & Follow me tps://www.unacademy.comluser/barthwal.priyashi
The object of maternity leave and benefit is to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working. With the advent of modern age, as the number of women employees is growing, the maternity leave and other maternity benefits are becoming increasingly common. But there was no beneficial piece of legislation irn the horizon which is intended to achieve the object of doing social justice to women workers employed in factories, mines and plantation.
Applicability of this Act: The law applies- (a) to factory, mine or plantation including such establishments belonging to the government or an establishment requiring physical labor, skills or performances. (b) shops or establishments where more than 10 people are employed or were employed on any day in the preceding twelve months. The state government, with the approval of the central government, after giving a notice of at least two months decides that the provisions of the act may apply to any other establishment. Appropriate Government: It means in relation to any establishment , the central government & in relation to any other establishment , the state government.
Employ period: of, or work by, women prohibited during certain The law is fundamentally present to safeguard the interests of a mother, immediately before and after child birth. In case of infringement of those interests the law also provides the remedies for the employee adversely affected. The law provides: 1. No woman will be asked to work in an employment for six weeks immediately preceding her delivery or miscarriage. 2. Every woman will be entitled to the maternity benefits in terms of wages as prescribed in the act. 3. A woman will not be allowed to do such work that can harm her or her child's health during pregnancy.
4. The law provides same benefits to women who have a miscarriage or tubectomy. 5. A woman suffering from illness arising out of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one month *Payment or maternity benefit in case of death of a women: If a women is entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefits or amount, or where the employer is liable for maternity benefits under the second provisions to sub-section (3) of section 5, the employer shall pay such benefits or amount to the person nominated by the woman in the notice given under section 6. In case there is no such nominee, to her legal representative.
Payment of Medical Bonus: Every women under this Act is entitled to receive from her employer a medical bonus of Rs 3500/- that has been increased from Rs 2500/- if, no pre-natal confinement and post natal care is provided for the employer free of charge. Leave for Miscarriage: In such case, a women on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefits for a period of six weeks immediately following the day of her miscarriage. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage: On production of such proof , be entitled in addition to the period of absence allowed to her under section 6 and in case section 9 leaves with wages at the rate of maternity benefits for maximum period of 1 month.
Nursing breaks: Every women 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 courses on her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.