Maternity benefit act - 80 days - eligibility?
Querist :
Anonymous
(Querist) 30 December 2011
This query is : Resolved
Dear Experts,
For workers the wages are being calculated for 26 days ( i.e. no weekly off is being paid to them )
So as per eligibility for 80 days the weekly off would be excluded ( if the woman is from worker category )
Is my interpretation is correct?
Nadeem Qureshi
(Expert) 31 December 2011
Dear Querist
As per my view the weekly off would be include.
read other experts view too. may be I am wrong.
feel free to call
Deepak Nair
(Expert) 31 December 2011
In my view, the Weekly offs are covered in the 80 days.
prabhakar singh
(Expert) 01 January 2012
The following section governs the case,the entire Act is available on following site:
http://pblabour.gov.in/pdf/acts_rules/maternity_benefit_act_1961.pdf
5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, 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 six weeks immediately following that day.
Explanation. – For the purpose of this sub-section, the average daily wage means the average of the woman’s wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from which
she absents herself on account ofmaternity, or one rupee a day, whichever is higher.
(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:
Provided that the qualifying period of one hundred and sixty days aforesaid shall
not apply to a woman who has immigrated into the State of Assam and was pregnant at
the time of the immigration.
Explanation: - For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has
been laid-off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
