Hi all,
Our management has asked me to implement the Maternity Benefit Act in the company. Where should I register our organization to comply with the Maternity Benefit Act? How do I implement the Maternity Benefit Act in my organization, and who should I inform?
From India, Hyderabad
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5Our management has asked me to implement the Maternity Benefit Act in the company. Where should I register our organization to comply with the Maternity Benefit Act? How do I implement the Maternity Benefit Act in my organization, and who should I inform?
From India, Hyderabad
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Dear Satishchandra,
The moment that the Maternity Benefit Act, 1961 becomes applicable to your establishment as per Sec. 2(1) of the Act, the first step you have to take is to start maintaining the registers, notices, etc., in the proforma mentioned in the Central or State Rules applicable. The second step is to abide by the provisions as and when any claim for maternity benefit is made.
From India, Salem
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The moment that the Maternity Benefit Act, 1961 becomes applicable to your establishment as per Sec. 2(1) of the Act, the first step you have to take is to start maintaining the registers, notices, etc., in the proforma mentioned in the Central or State Rules applicable. The second step is to abide by the provisions as and when any claim for maternity benefit is made.
From India, Salem
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Maternity Benefit Act Compliance
There are no registration formalities under the Maternity Benefit Act. However, you must maintain certain registers in the prescribed format. Additionally, due to the amendment in 2017, you need to comply with the following conditions:
Compliance Requirements
- Maintain certain registers in the prescribed format.
- Submit an annual return in the prescribed format.
- Display the extract of the Act and Rules.
The Maternity Benefit (Amendment) Act, 2017
According to Section 11A:
1. Every establishment with fifty or more employees shall have a crèche facility within a prescribed distance, either separately or with common facilities. The employer must allow four visits a day to the crèche by the woman, including the interval for rest allowed to her.
2. Every establishment must inform every woman in writing and electronically at the time of her initial appointment regarding every benefit available under the Act.
With warm regards,
P S Lashmanan
Labour Law Consultant - PAN INDIA
Kolkata
Mail ID [Email Removed For Privacy Reasons]
From India, Kolkata
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There are no registration formalities under the Maternity Benefit Act. However, you must maintain certain registers in the prescribed format. Additionally, due to the amendment in 2017, you need to comply with the following conditions:
Compliance Requirements
- Maintain certain registers in the prescribed format.
- Submit an annual return in the prescribed format.
- Display the extract of the Act and Rules.
The Maternity Benefit (Amendment) Act, 2017
According to Section 11A:
1. Every establishment with fifty or more employees shall have a crèche facility within a prescribed distance, either separately or with common facilities. The employer must allow four visits a day to the crèche by the woman, including the interval for rest allowed to her.
2. Every establishment must inform every woman in writing and electronically at the time of her initial appointment regarding every benefit available under the Act.
With warm regards,
P S Lashmanan
Labour Law Consultant - PAN INDIA
Kolkata
Mail ID [Email Removed For Privacy Reasons]
From India, Kolkata
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Maternity Benefit Clause for Appointment Letters
The following clause should be added to the appointment letter of new women employees and communicated to existing women employees:
"Dear Madam,
In addition to your letter of appointment dated ……, as mandated by the Maternity Benefit (Amendment) Act 2017, the following clause shall also form part of your conditions of service.
Benefits Available Under The Maternity Benefit Act, 1961
The following benefits shall be available to you in accordance with the Maternity Benefit Act 1961, provided you have worked in our establishment for a period of not less than 80 days in the twelve months immediately preceding the date of your expected delivery:
(a) Maternity benefit for a maximum period of 26 weeks, of which not more than eight weeks shall precede the date of your expected delivery. Provided that the maximum period entitled to maternity benefit by a woman having two or more surviving children shall be 12 weeks, of which not more than six weeks shall precede the date of her expected delivery. Provided further that a woman who legally adopts a child below the age of 3 months or a commissioning mother shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.
(b) You will be entitled to the payment of maternity benefit at the rate of last drawn salary for the period of your actual absence, i.e., the period immediately preceding the day of your delivery, the actual day of your delivery, and any period immediately following that day. However, if the woman employee entitled to the payment of maternity benefit under the Maternity Benefit Act 1961 qualifies to claim maternity benefit under the Employees’ State Insurance Act 1948, then the maternity benefit shall be extended to her by the Employees’ State Insurance Corporation.
(c) Notice. Any woman entitled to maternity benefit may give notice in writing in the prescribed form to the employer stating that her maternity benefit and any other amount to which she may be entitled under the Maternity Benefit Act 1961 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. Such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery. However, if a woman works in any establishment after she has been permitted to absent as maternity benefit for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period.
(d) Payment of Maternity Benefit. The amount of maternity benefit for the period preceding the date of the expected delivery shall be paid in advance on production of a certificate from a Registered Medical Practitioner that the woman is pregnant, and the amount due for the subsequent period shall be paid within 48 hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(e) Payment of Medical Bonus. Every woman entitled to maternity benefit shall also be entitled to receive a medical bonus of Rs. 1,000/-.
(f) Leave for Miscarriage. In case of miscarriage or medical termination of pregnancy, on production of a certificate from a Registered Medical Practitioner, the woman shall 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 or, as the case may be, her medical termination of pregnancy.
(g) Leave for Tubectomy Operation. In case of tubectomy operation, a woman shall, on production of a certificate from a Registered Medical Practitioner, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.
(h) Leave for Illness Arising Out of Pregnancy, Delivery, Premature Birth of Child (Miscarriage, Medical Termination of Pregnancy or Tubectomy Operation). A woman suffering from illness arising out of pregnancy, delivery, premature birth of child (miscarriage, medical termination of pregnancy or tubectomy operation) shall, on production of a certificate from a Registered Medical Practitioner, be entitled in addition to the period of absence allowed to her as maternity benefit or leave for miscarriage, as the case may be, to leave with wages at the rate of maternity benefit for a maximum period of one month.
(j) 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 15 minutes each for nursing the child until the child attains the age of 15 months.
(k) Facility of Crèche. If the establishment employs 50 or more employees, then the facility of crèche either separately or along with common facilities shall also be provided. The employer shall also allow four visits a day to the crèche by the woman, which shall also include the interval for rest allowed to her."
Regards, Shobhit Kumar Mittal Labour Law Advisor [Phone Number Removed For Privacy-Reasons], [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons]
From India, Faridabad
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The following clause should be added to the appointment letter of new women employees and communicated to existing women employees:
"Dear Madam,
In addition to your letter of appointment dated ……, as mandated by the Maternity Benefit (Amendment) Act 2017, the following clause shall also form part of your conditions of service.
Benefits Available Under The Maternity Benefit Act, 1961
The following benefits shall be available to you in accordance with the Maternity Benefit Act 1961, provided you have worked in our establishment for a period of not less than 80 days in the twelve months immediately preceding the date of your expected delivery:
(a) Maternity benefit for a maximum period of 26 weeks, of which not more than eight weeks shall precede the date of your expected delivery. Provided that the maximum period entitled to maternity benefit by a woman having two or more surviving children shall be 12 weeks, of which not more than six weeks shall precede the date of her expected delivery. Provided further that a woman who legally adopts a child below the age of 3 months or a commissioning mother shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.
(b) You will be entitled to the payment of maternity benefit at the rate of last drawn salary for the period of your actual absence, i.e., the period immediately preceding the day of your delivery, the actual day of your delivery, and any period immediately following that day. However, if the woman employee entitled to the payment of maternity benefit under the Maternity Benefit Act 1961 qualifies to claim maternity benefit under the Employees’ State Insurance Act 1948, then the maternity benefit shall be extended to her by the Employees’ State Insurance Corporation.
(c) Notice. Any woman entitled to maternity benefit may give notice in writing in the prescribed form to the employer stating that her maternity benefit and any other amount to which she may be entitled under the Maternity Benefit Act 1961 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. Such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery. However, if a woman works in any establishment after she has been permitted to absent as maternity benefit for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period.
(d) Payment of Maternity Benefit. The amount of maternity benefit for the period preceding the date of the expected delivery shall be paid in advance on production of a certificate from a Registered Medical Practitioner that the woman is pregnant, and the amount due for the subsequent period shall be paid within 48 hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(e) Payment of Medical Bonus. Every woman entitled to maternity benefit shall also be entitled to receive a medical bonus of Rs. 1,000/-.
(f) Leave for Miscarriage. In case of miscarriage or medical termination of pregnancy, on production of a certificate from a Registered Medical Practitioner, the woman shall 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 or, as the case may be, her medical termination of pregnancy.
(g) Leave for Tubectomy Operation. In case of tubectomy operation, a woman shall, on production of a certificate from a Registered Medical Practitioner, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.
(h) Leave for Illness Arising Out of Pregnancy, Delivery, Premature Birth of Child (Miscarriage, Medical Termination of Pregnancy or Tubectomy Operation). A woman suffering from illness arising out of pregnancy, delivery, premature birth of child (miscarriage, medical termination of pregnancy or tubectomy operation) shall, on production of a certificate from a Registered Medical Practitioner, be entitled in addition to the period of absence allowed to her as maternity benefit or leave for miscarriage, as the case may be, to leave with wages at the rate of maternity benefit for a maximum period of one month.
(j) 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 15 minutes each for nursing the child until the child attains the age of 15 months.
(k) Facility of Crèche. If the establishment employs 50 or more employees, then the facility of crèche either separately or along with common facilities shall also be provided. The employer shall also allow four visits a day to the crèche by the woman, which shall also include the interval for rest allowed to her."
Regards, Shobhit Kumar Mittal Labour Law Advisor [Phone Number Removed For Privacy-Reasons], [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons]
From India, Faridabad
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Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc