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The Maternity Benefits Act, 1961:
#1
Objective:
Maternity Leave and benefit To protect the dignity of Motherhood by providing complete health care to women and her child when she is unable to perform her duty due to health condition.

Maternity Benefit Act, 1961:
Gives her the assurance that her rights will be looked after while she is at home to care for her child.

Applicability:
?The Act extends to whole to India.
?Every factory, mine or plantation (including those belonging to Government) and to every shop or establishment wherein 10 or more persons are employed on any day preceding 12 months.

Eligible for Maternity Benefit:
?Must work in the establishment for 80 days in 12 months before her date of Delivery. Women earning less than Rs.21,000/- may be offered ESI scheme by her employer and will not be eligible for maternity benefit and but will receive the maternity benefit under ESI scheme.

Duties of Employee for Maternity Benefit:
?Ask employer to give her light work. [Produce certificate of pregnancy].
?Inform employer about expected delivery date and the leave period.
?Name the person to whom the payment will be made in case she cannot take herself.

Cash Benefits:
?26 Weeks leave with pay before/after delivery.
?A medical bonus of Rs.3500/-
?An additional leave with pay up to one month [Proof of illness]
?In case of miscarriage Six weeks leave with average pay.
?Tubectomy Surgery: Leave with wages @ of maternity benefit for a period of 2 weeks.

Non Cash Benefits:
?Light work for 10 weeks (6 weeks plus 1 month) before delivery.
?Nursing breaks of 15 Minutes until the child is 15 months old.
?No discharge or dismissal while on maternity leave.
?No charge to her disadvantage in any conditions of her employment while on maternity leave.
Pregnant women discharged or dismissed may still claim maternity benefit from employer.

Legal Obligation under Maternity Act:
?No employer can unknowingly employ a woman in establishment during 13 weeks following date of delivery or miscarriage.
?No woman shall work in any establishment during the 13 weeks immediately the day following her delivery.
?Shall be Unlawful for her employer to discharge or dismiss her on account of such absence.
?In case of Gross misconduct the employer in writing can communicate about depriving such benefit.
?Within 60 days from date of deprivation of maternity benefit, any Women can appeal to the authority prescribed by law.

Duties and Penalty for Employer:
?Record Management: Every employer need to prepare records Viz Form No. 10 in Maharashtra.
?Yearly Return need to be submitted in form No. 11 before 15th January each year in Maharashtra.
?Penalty for Contravention of Act Imprisonment with minimum period of 3 months to maximum 01 year. Fine from Rupees Two Thousand to Rupees Five Thousand.
Regards
Team - HR SUCCESS TALK
 
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#2
(20-07-2018, 10:36 PM)HR SUCCESS TALK Wrote: Objective:
Maternity Leave and benefit To protect the dignity of Motherhood by providing complete health care to women and her child when she is unable to perform her duty due to health condition.

Maternity Benefit Act, 1961:
Gives her the assurance that her rights will be looked after while she is at home to care for her child.

Applicability:
?The Act extends to whole to India.
?Every factory, mine or plantation (including those belonging to Government) and to every shop or establishment wherein 10 or more persons are employed on any day preceding 12 months.

Eligible for Maternity Benefit:
?Must work in the establishment for 80 days in 12 months before her date of Delivery. Women earning less than Rs.21,000/- may be offered ESI scheme by her employer and will not be eligible for maternity benefit and but will receive the maternity benefit under ESI scheme.

Duties of Employee for Maternity Benefit:
?Ask employer to give her light work. [Produce certificate of pregnancy].
?Inform employer about expected delivery date and the leave period.
?Name the person to whom the payment will be made in case she cannot take herself.

Cash Benefits:
?26 Weeks leave with pay before/after delivery.
?A medical bonus of Rs.3500/-
?An additional leave with pay up to one month [Proof of illness]
?In case of miscarriage Six weeks leave with average pay.
?Tubectomy Surgery: Leave with wages @ of maternity benefit for a period of 2 weeks.

Non Cash Benefits:
?Light work for 10 weeks (6 weeks plus 1 month) before delivery.
?Nursing breaks of 15 Minutes until the child is 15 months old.
?No discharge or dismissal while on maternity leave.
?No charge to her disadvantage in any conditions of her employment while on maternity leave.
Pregnant women discharged or dismissed may still claim maternity benefit from employer.

Legal Obligation under Maternity Act:
?No employer can unknowingly employ a woman in establishment during 13 weeks following date of delivery or miscarriage.
?No woman shall work in any establishment during the 13 weeks immediately the day following her delivery.
?Shall be Unlawful for her employer to discharge or dismiss her on account of such absence.
?In case of Gross misconduct the employer in writing can communicate about depriving such benefit.
?Within 60 days from date of deprivation of maternity benefit, any Women can appeal to the authority prescribed by law.

Duties and Penalty for Employer:
?Record Management: Every employer need to prepare records Viz Form No. 10 in Maharashtra.
?Yearly Return need to be submitted in form No. 11 before 15th January each year in Maharashtra.
?Penalty for Contravention of Act Imprisonment with minimum period of 3 months to maximum 01 year. Fine from Rupees Two Thousand to Rupees Five Thousand.
 
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#3
Can you please let me know if a person who has ESI coverage should also be given thie medical bonus of 3500/- as per Maternity benefit fund.
 
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