Dear Seniors,
Is it legal if an employer puts restrictions on maternity benefits for up to 2 children only? There is no provision in the Maternity Benefit Act for such restrictions.
Thanks in anticipation...
From India, Pune
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494Is it legal if an employer puts restrictions on maternity benefits for up to 2 children only? There is no provision in the Maternity Benefit Act for such restrictions.
Thanks in anticipation...
From India, Pune
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Sir, The restriction, if any, imposed by the employer on his employees without having legal sanction, in my opinion, will be void and illegal ab initio.
From India, Noida
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From India, Noida
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Dear Mehta sir, Generally state and centralngovernment put such restrictions to their employees for availing benefits. that is why the question.
From India, Pune
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From India, Pune
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Sir,
You are correct so far as restrictions imposed on Government employees are concerned. The Governments are entitled to impose any policy of small family norms on their employees by enacting service conditions viz. The Fundamental Rules, etc.
However, there appear to be no such restrictions so far as the Maternity Benefit Act and ESI Act, 1948 are concerned. The reasons may be that these enactments affect a large number of the working population and furthermore, by virtue of their contributions (ESI Act), they become entitled to maternity benefits. There may also be reasons that the payment of maternity benefits under these Acts has no effect on the financial resources of the Governments. However, in respect of "Confinement Expenses" (which are paid by ESIC under Rule 56-A of ESI (Central) Rules, 1950), which are paid to insured women and the wives of insured persons, there are restrictions of "two confinements only."
If in the future the legislature wants to put any restrictions in the above Acts, then certainly it will be on par with the facilities available to Government employees. However, in that case, such restrictions may have the force of law.
From India, Noida
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You are correct so far as restrictions imposed on Government employees are concerned. The Governments are entitled to impose any policy of small family norms on their employees by enacting service conditions viz. The Fundamental Rules, etc.
However, there appear to be no such restrictions so far as the Maternity Benefit Act and ESI Act, 1948 are concerned. The reasons may be that these enactments affect a large number of the working population and furthermore, by virtue of their contributions (ESI Act), they become entitled to maternity benefits. There may also be reasons that the payment of maternity benefits under these Acts has no effect on the financial resources of the Governments. However, in respect of "Confinement Expenses" (which are paid by ESIC under Rule 56-A of ESI (Central) Rules, 1950), which are paid to insured women and the wives of insured persons, there are restrictions of "two confinements only."
If in the future the legislature wants to put any restrictions in the above Acts, then certainly it will be on par with the facilities available to Government employees. However, in that case, such restrictions may have the force of law.
From India, Noida
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The matter is of one many important provisions of law, persons in HR field should know with an analytical approach in order to appreciate the realty vis-à-vis implementation of one’s own HR policy, the Maternity Act and general health of the women involved. No one will have any doubt in agreeing women folks are the most affected human in a pragnancy, pre-natal and post natal and there after. And any restrictions, curtailment in passing on Maternity benefits to her naturally affect her very badly whatsoever the basis for imposing such curtailments. There are more than one factor/arises in implementing the restrictions and curtailments, they are which are to be read w.r.t. provisions of MA & ESI Act –
1. What are the norms and how they account for restrictions vis-a-vis the Laws
2. Is it on No.of confinements or on No.of children she bears/delivers
3. Is it limited to the payment of maternity benefits only or other important provisions with regard to Maternity leave, child care relaxations, fighting malnourishment, health of the mother and
4. her relevance in bringing up the surviving children
5. and job security of the mother in certain specified employments /establishments so on
I wish to quote /refer the Judgment of the Madras High Court (2009) in the matter of extending Maternity Benefits passed by Learned Mr. Justice (Rtd) K. Chandru, (whom I admire most as the one of very few judges of our generation who meant Justice and it should also be speedy) who had touched upon many relevant provisions from various Acts in this judgment. I failed to cullout some of his views to fit them here in order to make this short, but every word of his found to be apt and hence his shorter version of judgment is attached for our members to appreciate his views in the matter. Further I also extracted and quote here relevent portions from another judgment of the SC (though related to woman casual labour) …..
Going by these references I only wish to say it’s not justifiable to discriminate woman folks based on the status of employment or on No.of confinements & children, or place of posting etc. in the matter of extending Maternity benefits including grant of leave and monetary issues, post natal difficulties, child & mother care etc.
From India, Bangalore
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1. What are the norms and how they account for restrictions vis-a-vis the Laws
2. Is it on No.of confinements or on No.of children she bears/delivers
3. Is it limited to the payment of maternity benefits only or other important provisions with regard to Maternity leave, child care relaxations, fighting malnourishment, health of the mother and
4. her relevance in bringing up the surviving children
5. and job security of the mother in certain specified employments /establishments so on
I wish to quote /refer the Judgment of the Madras High Court (2009) in the matter of extending Maternity Benefits passed by Learned Mr. Justice (Rtd) K. Chandru, (whom I admire most as the one of very few judges of our generation who meant Justice and it should also be speedy) who had touched upon many relevant provisions from various Acts in this judgment. I failed to cullout some of his views to fit them here in order to make this short, but every word of his found to be apt and hence his shorter version of judgment is attached for our members to appreciate his views in the matter. Further I also extracted and quote here relevent portions from another judgment of the SC (though related to woman casual labour) …..
Going by these references I only wish to say it’s not justifiable to discriminate woman folks based on the status of employment or on No.of confinements & children, or place of posting etc. in the matter of extending Maternity benefits including grant of leave and monetary issues, post natal difficulties, child & mother care etc.
From India, Bangalore
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc