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Industrial, Labour and General Law Maternity Benefits




The Maternity Benefit is a payment made to a woman during or after birth.

 There is a law called the "Maternity Benefits Act, 1961, which during a certain period regulates the female employment of women." The Act extends to all factories/establishments but does not extend to those factories/establishments to which the State Insurance Act of Employees applies.

 Right / Eligibility for maternity benefit payments

 In any establishment, every pregnant woman is eligible for maternity benefits at an average regular wage rate*, given that she has worked for a minimum of 80 days in the previous 12 months, i.e. 12 months before the scheduled delivery date.

  Average daily wage rate means an average of the wages payable to the woman in the preceding 3 months prior to maternity leave or minimum wage rate set under the Maternity Act, 1948 or Rs. 10; the highest is whatever.

 The maximum time during which a woman is entitled to a maternity allowance is 26 weeks, and only up to 8 weeks out of those 26 weeks preceding the date of her planned delivery.

A woman who legally adopts a child less than 3 months of age should be given 3 months of maternity benefits.

In the event of the death of a woman during that time, the maternity pension shall be payable only for the days up to and including the day of her death. If the child is alive, then full motherhood is complete.

 Six weeks of leave with average pay shall be permitted in the case of miscarriage.

Where the employer is liable under Section 5(3) or Section 6 for maternity care, the balance shall be paid to the nominee or to the legal representative.

 Facility at Creche

 The Creche facility shall have 50 or more employees in the establishment within the distance prescribed, either separately or in combination with common facilities.

 The employer is permitted to visit the creche four times a day, plus the interval usually permitted for the remainder permitted.

 The Act and Laws Abstract 

 Each institution where women are working shall prepare an abstract containing the provisions of the Act and the rules laid down in the language or languages of the locality thereunder, which shall be displayed by the employer in a conspicuous location.

 Penalty for violation of the Act

 The employer shall be punishable by imprisonment of not less than three months but which may be extended for up to one year and by a fine of not less than Rs. 2000/- but which may be extended up to Rs. 5000/- if any employer fails to pay the maternity allowance specified by the act or discharge or dismisses the woman during her absence because of her absence from work.

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