Maternity benefit

legal manager

Dear Experts,

Pls. guide me. I'm working in areal eatste company in maharashtra & expecting my child. I've completd only 1 month of my pregnancy & yet not intimate my employer about my pregnancy.

I want to know that am I eligible for maternity benefit, as I'm working in a construction industry & at waht time should I intimate my employer for the same to claim the said benefit?

What are the major conditions for claim the same and procideure for the same.

I need your help urgently on the said matter so as to take the proper decision.

I've decided to leave the service in the 7th/8th month of my pregnancy, is the meployer is liable to pay me the benefit?

I also want to know in what form the said benefit is take by me. Is it in the form of cash or is it in the form of paid leaves.

So far as I know, every employer is liable to pay the maternity benefit for every woman employee.

Also I'm not covered under any of the PF, ESIC scheme to my employer.

Waiting for your reply.

Regards

Pashyanti

 
Reply   
 

Section 5 of the Maternity Benefits Act 1961 specifies the right to the benefits of the maternity benefits act. On the other hand Section 6 of the Act clearly lays down about the provision for notice to the employer, which states, as follows:

1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, 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.

(2) In the case of a woman 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.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

(4) 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.]

(5) 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 as may be prescribed 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 been delivered of a child.

(6) 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 or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

FURTHER, Section 21 prescribes penalties for the employer for contravantion of Act, as follows:

(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this 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 but which may extend to five thousand rupees:

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 this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, 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.


Total likes : 1 times

 
Reply   
 


legal manager

Thank you very much Rajkumar sir for quick reply and your guidance.

It means that every employer has liable to pay the maternity benefit to it's woman employee whether she continues the job or not.

As per my understanding, the employer has to pay the monthly  wages of the employee as a maternity benefit for the period form which she absent form the work upto the date of period of delivery. 

Is the employer is laible to pay me if I leave the job during pregnancy?

OR

the employer is only liable to pay me the maternity benefit only if i continue the job after 3 months of delivery?

Pls. calrify.

Regards

Pashyanti

 
Reply   
 
FIN

 

 

Maternity benefit Act:

5. Right to payment of maternity benefit. --

(2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery:

8. 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 of twenty-five
rupees, if no pre-natal confinement and post-natal careis provided for by the employer
free of charge.

Forfeiture of maternity benefit
If permitted by her employer to absent herself under the provisions of section 6 for any period
during such authorized absence, she shall forfeit her claim to the maternity benefit for such
period.
For discharging or dismissing such a woman during or on account of her absence from work,
the employer shall be punishable with imprisonment which shall not be less than 3 months, but
it will extend to one year and will find, but not exceeding Rs.5, 000.  Sec. 18

 

FAQ:

Can a woman claim the maternity benefit from her employer if she works elsewhere during the period for which she has been permitted to absent herself under the provisions of the Act?: If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of the Act for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period. {Section 18}

Is it permissible under the Act to exempt any establishment for the provisions of the Act?: The appropriate Government can exempt any establishment from the operation of all or any of the provisions of the Act or of any rule made under the Act if the benefits provided by the establishment are not less favourable that those provided in the Act. {Section 26}



Attached File : 705327478 maternity benefit act 1961.pdf, 705327478 maternity benfit act faq.doc downloaded 107 times

Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu