-
Essay / Maternity Benefits Act, 1961
Table of ContentsApplicability of the ActEligibility and Conditions for Claiming BenefitsCash BenefitsNon-cash Benefits/PrivilegesThe Maternity Benefits Act, 1961 aims to regulate the employment of female employees throughout the country. The law sets the maximum period during which any working woman is entitled to maternity benefits at 12 weeks. She can benefit from this advantage for 6 weeks up to and including the day of her delivery and 6 weeks immediately after the day of her delivery. Say no to plagiarism. Get a custom essay on “Why Violent Video Games Should Not Be Banned”?Get the original essayApplicability of the lawThe law applies to:Every factory, mine or plantation (including those owned by the government),An establishment engaged in the exhibition of equestrian, acrobatic and other shows, regardless of the number of employees, and any store or establishment in which 10 or more persons are employed or have been employed on any day of the preceding 12 months. Eligibility and conditions for claiming benefits The law states that any woman employed, whether directly or through an agency, for wages in any establishment is entitled to maternity benefits if she is expecting a child and worked for their employer for at least 80 days during the 12 months immediately preceding their expected date of delivery. (Article 5)A woman looking forward to receiving maternity benefits could ask her employer to give her light work for a month. Such a request must be made at least 10 weeks before the expected date of delivery. At that time, she must produce a certificate confirming her pregnancy. She must also give written notice to the employer approximately 7 weeks before the date of her delivery regarding her period of absence before and after the delivery.Cash benefitsLeave with average salary for 6 weeks before and 6 weeks after the delivery . Medical bonus of at least Rs. 1,000 extending to Rs. 20,000 if the employer is unable to provide free medical care to the employee. Additional paid leave of up to 1 month upon presentation of proof revealing illness due to pregnancy, childbirth, miscarriage or premature birth. In the event of miscarriage, 6 weeks leave with average salary from the date of the miscarriage. Non-monetary benefits/privilege Light work for 10 weeks before the expected date of pregnancy if she requests it. Two breastfeeding breaks during daily work until the child reaches 15 months of age. In the event of a tubectomy operation, paid leave for 2 weeks. No layoffs or layoffs during maternity leave. No adverse change in employment conditions during maternity leave. A pregnant woman who is released or made redundant can still claim maternity pay. of the employer. Paid leave at the maternity benefit rate, lasting 6 weeks in the event of miscarriage and 2 weeks in the event of a tubectomy operation. A woman suffering from an illness due to miscarriage, medical termination of pregnancy, childbirth or premature delivery is entitled to additional leave of one month in addition to leave paid at the maternity benefit rate. The law prohibits an employer from knowingly employing a woman, or any working woman, 6 weeks immediately after the day of her delivery or miscarriage. The law prohibits the dismissal or modification of the conditions of service to the detriment of a pregnant woman, while she is absent for good cause under the law. She may be entitled to maternity pay or.