What is maternity benefit act ? discuss the object and
reason of maternity benefit act , 1961. What
are the features of this act .
Maternity benefit act , 1961:
The objective behind the enactment of Maternity Benefit Act
, 1961 (hereinafter the act) was to regular the employment of woman for
certain period and after child-birth and to provide them maternity benefit . This
act is among those few acts that are applicable even in the jammu and Kashmir .
This act applies to every establishment being a factory , mine , plantation or
any other such establishment where the persons are employed for exhibiting equestrian
, acrobatic or any other performances. The state Government can add any other
kind of establishment or a class of establishment by giving a notice , two
months prior to the central government , after that , can notify the same in the official gazette.
Purpose and objective:
The objective of the Maternity Benefit Act is, inter
alia ,
A) To
provide for maternity benefit to woman workers in certain establishments.
B) To
regulate the employment of woman employees in such establishments for certain
periods before and after child birth.
Applicability :
The Maternity Benefit Act applies to
A) every
establishment being a factory , mine , plantation or circus and every shop in
which 10 (Ten) or more persons are employed.
B) To
every shop or establishment defined under any law in a state in which persons
are employed on any day of the preceding 12 ( Twelve ) months . It may be noted
that the Maternity Benefit Act does not
apply to employees who are covered under the provisions of the Employees State
insurance Act ,1948.
Eligibility :
A woman shall be entitled to benefit
only if she has actually worked in an establishment of the employer for a
period of not less than 80 (Eighty) days in the 12 (Twelve) months immediately preceding
the date of her expected delivery . The employment of women, immediately following
the day of her delivery or her miscarriage is prohibited.
Salient features of the Maternity
Benefit ( Amendment ) bill , 2016 are :-
1. Duration of maternity leave :
The 1961 Act states that every wpman
will be entitled to maternity benefit of 12 weeks . The 2016 bill has increase this
to 26 week.
2. Maternity benefit prior to expected delivery :
Under the 1961 Act , this maternity
benefit should not be availed before 6 weeks from the date of expected delivery
. The 2016 bill changes this to 8 weeks.
3. Maternity benefit for a woman having two or more children :
If a woman has two or more children ,
the maternity benefit will continue to be 12 weeks , which cannot be availed
before 6 weeks from the date of the expected delivery.
4. Maternity Benefit to adopting mother and commissioning mother
:
As per the 2016 Bill a Woman who
legally adopts a child below the age of three months or a commission 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 .
5. Provision for creche facility :
The 2016 Bill introduces a provision which
requires every establishment with 50 or more employees to provide creche
facilities within a prescribed distance . The woman will be allowed four visits
to the creche in a day . This will include the interval of rest allowed to her
.
6. Option to work from home :
The 2016 bill introduces a provision that states that an
employer may permit a woman to work from home . This would apply if the nature
of work assigned to the woman permits her to work from home . This option can
be availed of, after the period of
maternity leave , for a duration that is mutually decided by the employer and
the woman.
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