hi chitra, Is it compulsory for all private firms in maharashtra to have maternity leave for female employees if yes than how they have to provide salary, its basic or the whole salary. please guide
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The law relating to payment of maternity benefits is provided in the Maternity Benefit Act, 1961. The provisions of this Act is applicable to private sector and for government establishments separate rules are there for managing the maternity benefits. You can download the bare Act from site for more information. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Hi Chitra, Below mentioned link will help you, Laws - The Maternity Benefits Act, 1961 Rajesh Patil 9850 03 7870
From India, Coimbatore
From India, Coimbatore
Hi Chitra, pls find the below mentoned :- 1. Short title, extent and commencement.- (1) This Act may be called the Maternity Benefit Act, 1961. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as may be notified in this behalf in the Official Gazette,- (a) in relation to mines in the territories to which this Act extends, by the Central Government; and (b) in relation to other establishments in a State, by the State Government: 2. Application of Act.- (1) It applies, in the first instance, to every establishment being a factory, mine or plantation including any such establishment belonging to Government: Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. (2) Nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948, (34 of 1948) apply for the time being. 3. Definitions.- In this Act, unless the context otherwise requires,- (a) "appropriate Government" means, in relation to an establishment being a mine, the Central Government and in relation to any other establishment, the State Government; (b) "child" includes a still-born child; (c) "delivery" means the birth of a child; (d) "employer" means - (I) in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed the head of the department. (ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other persons whether called a manager, managing director, managing agent, or by any other name, such person; (e) "establishment" means a factory, mine, or plantation, or an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable; (f) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); (g) "Inspector" means an Inspector appointed under section 14; (h) "maternity benefit" means the payment referred to in sub-section (1) of section 5; (I) "mine" means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952); (j) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code; (45 of 1860) (k) "plantation" means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); (j) "prescribed" means prescribed by rules made under this Act; (m) "State Government" in relation to a Union territory, means the Administrator thereof; (n) "wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes - (1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to; (2) incentive bonus; and (3) the money value of the confessional supply of food grains and other articles, but does not include - (I) any bonus other than incentive bonus; (ii) over -time earnings an any deduction or payment made on account of fines; (iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and (iv) any gratuity payable on the termination of service; (o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment. 4. Employment of, or work by, women prohibited during certain periods.- (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage. (2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage. (3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in subsection (4) any work which is of an arduous nature or which involves long hours o standing, or which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. (4) The period referred to in sub-section (3) shall be - (a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery; (b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6. 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 of maternity, or one rupee a day, which ever is higher. (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom the 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 she 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. (3) 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: Provided that where a woman dies during this periods, the maternity benefit shall be payable only for the days up to and including the day of her death: Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following that day of her delivery but if the child also dies during the said period, then, for the days up to and including the day of the death of the child. 6. Notice of claim for maternity benefit and payment thereof.- (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 absent herself from the establishment until the expiry of six weeks after the day of her delivery. (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. 7. Payment of maternity benefit in case of death of a woman.- If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative. 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 care is provided for by the employer free of charge. 9. Leave for miscarriage.- In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage. 10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.- A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month. 11. Nursing breaks.- Every woman 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 course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months. Rajesh Patil
From India, Coimbatore
From India, Coimbatore
Well, law is made for enforcement, but at the same time there may be people who violate law. If any employer refuses to implement any law applicable to him, the aggrieved can move to appropriate authorities under the respective Act. Accordingly, if any female employee who is eligible to get maternity benefit is denied of such benefits, she can approach the Labour Officer of the area for redressal of her grievance. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
In a same organization there are women employees who are covered under ESI and and not covered as their gross salary ceiling is Re.10,000/- or exceeded Rs.10,000/- respectively. In that case whether non covered employee should be paid benefit as per the maternity benefit act .
From India, Madras
From India, Madras
The women employees who are covered by ESI will get benefits from the ESI Corporation and those not covered shall receive the same from the employer. Sodexo Coupons are issued to employees as part of employee benefit schemes by the employer and not by any statute. Therefore, it is up to the employer whether or not to issue the same during maternity leave days. Some companies issue coupons alond with monthly pay. Others issue it once in every quarter. Sodexo coupons issued and remaining in hand unutilised shall defenitely be used by a woman employee while on maternity leave. However, if it is issued along with pay and if the value of such coupons is not a component of her pay, there is no legal right to cliam such coupons during any period (including maternity leave) of leave. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
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