sangram (service) 30 July 2008

work by pregnant women

Please confirm me that, up to how many monh a pregnant women can work in company premises under Contract Labour Act.

the mentioned women is contract labour working on civil project in our premises

Thanks

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 30 July 2008

The framers of the Factories Act, 1948 incororated Section 79 which provides that a female worker is entitled maternity leave for 12 weeks. And also the provisions of Maternity Benefit Act are applicable. This act applies to a factory, mine, plantation, establishment, shop,etc. where ten or more persons are employed.

Saravana Rajan 31 July 2008

In terms of eligibility for maternity benefits, law does not distinguish between regular employee and contract employee. Both are equal in the eyes of law for this purpose.

As said by Mr. Ram, 12 weeks of maternity leave is applicable for all pregnant women employees. It is usually 6 weeks before the expected date of delivery and 6 weeks after delivery.

In case of abortion, cesarean etc, this time frame varies.

-Saravana Rajan

santosh (Service) 31 July 2008

Dear Sir,

I have heard about Paternity Leave. Can a father of infant apply for paternity leave? and for how many days?

Rashmi Dutta (Social Compliance Auditor) 05 August 2008

No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day:

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.