Author: Somala Viplava, Sri Padmavathi Mahila Vishwavidyalayam
To the pointThe maternity benefit act,1961 was given certain beneficial rights to the women employees and it regulates the employment of pregnant women in certain establishments for a specific time period before and after the birth of the child.
It ensures benefits like maternity benefits,paid maternity leave,financial security,etc…. and it also provides other benefits like nursing breaks,medical bonus and job protection etc.
Use of Legal Jargon
Provisions related to maternity benefit act,1961
Constitutional Provisions
* Article 42 : The State shall has the right to make provision for securing just and humane conditions of work and for maternity relief of women employees.
* Article 39(e) : The State shall has the right to give directions towards securing the health and strength of workers, men and women, and the tender age of children are not abused.
Other Laws
* The Maternity Benefit Act, 1961 : It regulates the employment of women in factories, plantations, and other establishments during the maternity period.
* The Employees’ State Insurance Act, 1948 : It provides medical care, including maternity benefits, to the eligible persons.
* The Factories Act, 1947 : It regulates the working conditions of women in factories, including provisions for maternity relief of the women.
Government Initiatives
* Pradhan Mantri Matru Vandana Yojana (PMMVY) : By this scheme the government gives financial assistance to pregnant women and lactating mothers for improved nutrition and health of mother and child.
* Janani Suraksha Yojana (JSY) : It provides cash assistance to pregnant women for safe deliveries
* Maternity Benefit Programme : In this programme provides financial benefit to pregnant and lactating mothers under the National Social Assistance Programme.
These provisions and initiatives of the government demonstrate the commitment of the Indian government to providing maternity relief and promoting the welfare of women employees.
The Proof
The burden of proof is depends on the employee to prove her eligibility to these benefits by providing proofs like
1. Proof of Pregnancy : She must should provide medical certificate or a pregnancy test report from a registered medical practitioner.
2. Proof of Employment : The employment certificate from the employer, including the date of joining and the nature of her work in that establishment.
3. Proof of Continuous Service : A certificate from the employer giving the proof of continuous service for at least 80 days in the 12 months preceding the expected date of delivery.
4. Proof of Delivery : medical certificate that shows the delivery date.
5. Proof of Miscarriage or Medical Termination of Pregnancy : In case of miscarriage or medical termination of pregnancy,medical certificate required that shows the date of miscarriage or medical termination of pregnancy.
Documents required to submit to claim benefit
1. Maternity Benefit Claim Form : claim form provided by the employer or the relevant authority for the claim of the employee.
2. Identity Proof : valid identity proof, such as a PAN card, Aadhaar card, or voter ID card required.
3. Address Proof : valid address proof, such as a ration card, driving license, or utility bill required.
4. Bank Account Details : Employee’s Bank account details, including the account number and IFSC code, for payment of maternity benefits are required.
Procedure to claim benefit
1.Submission of Claim Form : woman employee must submit the claim form, along with the required documents, to the employer or the relevant authority.
2. Verification of Documents : An employer or the relevant authority will verify the documents and may conduct an inquiry to confirm the eligibility of the woman employee.
3. Payment of Maternity Benefits : If the woman employee is eligible for this benefit, the maternity benefits will be paid to her based on the provisions of the maternity benefit Act.
Abstract
This Act claims maternity benefits and other benefits to the pregnant women employees to those who are working in the establishments like mines, factories,shops, plantations and it also includes private sector companies, public sector organisations and other commercial establishments etc.
It provides benefits to the women employee’s who is working in the establishment that employing 10 or more people except for those covered under the Employee’s State Insurance Act,1948.
The women who are entitled to maternity benefit is also entitled to a medical bonus of Rs.1000.
Eligibility for this benefit
The women who worked for atleast 80 days in the 12 months proceeding the expected delivery date.
This act was amended in 2017 called as “The Maternity Benefit Amendment Act,2017”,it extended he maternity leave from 12 weeks to 26 weeks for the first two children and 12 weeks for third nd subsequent children.
It also includes maternity leave,and provide work from home facility based on her job role and it also provide creche facilities in workplaces with a substantial number of employees mandatorily.
This Act gives maternity leave to the working woman for 12 weeks with maximum time period of 6 weeks before child birth and 6 weeks after child birth and 6weeks in case of miscarriage or medical termination of pregnancy subject to medical proof and 12 weeks of leave to adoptive mothers and commissioning mothers( biological mothers using surrogacy).
After the amendment made to this Act in 2017 the maternity leave for the women was extended to twenty-six weeks for first and second childbirth and 12 weeks for third and more child with the period of 8 weeks before childbirth and 18 weeks after childbirth in case of first and second child and 12 weeks of leave for adoptive mothers who is adopting child below 3 months of age, and 12 weeks for commissioning mother.
This Amendment Act also gives creche(childcare) facilities for organisations with 50 or more number of employees.Mother can visit the child upto four times a day,with including rest breaks.An employers are must required to provide safe and hygienic childcare facilities to the near areas of the organization.
How salary was calculated?
The salary made to the employee at the time of maternity leave was calculated based on the average daily wages of her 3 previous working days.
If the employer violated this benefit to the employee he will be imprisoned and imposed penalties on him.
Case Laws
Here are some case laws related to the Maternity Benefit Act, 1961:
* Preeti Singh v. State of UP and ors. (2021)
-In this case the court stated that a woman is claimed maternity benefits, irrespective of the two-year gap between her first and second maternity leaves.
– The court in this case relied on Section 27 of the Maternity Benefit Act, 1961, which states that the Act prevails over any inconsistent provisions in other laws.
– This judgment set a precedent for similar cases, emphasizing the importance of maternity benefits for women’s empowerment.
* Smt. Richa Shukla v. State of U.P. and ors. (2019)
– This case deals with the maternity leave refusal.
– The Allahabad High Court in this case stated that the Maternity Benefit Act, 1961, prevails over state-level rules, ensuring women receive maternity benefits.
Conclusion
This Act is providing maternity benefits for the working woman, who are working in the eligible organizations.By giving these type of benefits the government encouraging and supporting the women for self employment.It is a social welfare scheme given to the women employees.
FAQS
1. Maternity Benefit Act given to which type of establishments?
A. This benefit is given to the establishments like factories,mines, plantations,shops etc.
2. If the employee dies the benefit was claimed
or not? If claimed it is given to whom?
A. If the employee dies by giving birth to a child the benefit was given to the relatives of the employee.
3. How many days required to work in the organisation to claim this benefit?
A. The employee must work for atleast 80 days in the establishment to claim this benefit.
4.How many weeks are given as maternity leave to the employee?
A. Before the amendment there is only 12 weeks as maternity leave but after the amendment in 2017 it was extended to 26 weeks for the first two children.