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The Constitution of India mandates gender equality in employment, however, the same is not achieved as most women are left with no alternative other than quitting their jobs owing to their pregnancy and pre and post-natal care.
The government introduced the Maternity benefit Act 1961[1] to address this issue, and every employer is mandated to comply with the provisions of the Act. However, many employers are subjected to punitive actions in the event of non-compliance with the provisions of this Act.
The article discusses the Employer Compliance under the Maternity Benefit act to help the employer be aware of the necessary compliance requirements and avoid any penalties consequential to non-compliance.
Table of Contents
Maternity benefit refers to the employer’s payment or allowances entitled to the woman during her pregnancy or after childbirth. The provisions regarding the same are governed under the Maternity Benefit Act. Every employer must comply with the provisions of this Act.
The Employer Compliance under the Maternity Benefit act is explained below-
The employer must not employ any women in the establishment immediately after 6 weeks of her delivery, and no women should work in any establishment during this time frame.
Upon the women’s request, the employer must ensure that the women are not engaged in any arduous work involving long hours of standing or any other manner that can affect the development of the foetus, cause miscarriage or adversely affects her health.
The employer compliance with regard to the payment of maternity benefits is re-enlisted below.
The employer must accept the notice provided by the pregnant woman, which must mention the intent of the woman or her nominee the maternity benefit along with the date from which she shall remain absent, and the employer, upon being served by such notice, provide the maternity benefit entitled to the women.
The employer must pay the amount of maternity benefit for the period preceding the date of her expected delivery to the woman on the production of such proof. The employer is required to pay the amount due for the subsequent period to the woman within 48 hr of producing such proof as may be prescribed that the woman has delivered a child.
The failure to issue such notice shall not disentitle the women from the maternity benefit.
If the women die during the delivery, the employer must pay the maternity benefit amount to the nominee of the pregnant woman that she had mentioned in the notice.
Along with the maternity benefit, the employer is also obligated to provide a medical bonus to the women of Rs. one thousand if no pre-natal confinement and post-natal care are provided for by the employer free of cost.
The amount of medical bonus may be revised by the Central Government every three years.
The employer compliance regarding the leaves of the women for the maternity benefit Act are
The employer must sanction the leave with wages at the rate of maternity benefit for a period of six weeks in case of miscarriage or medical termination of pregnancy of the woman upon the production of proof of the same.
Any woman who has undergone a tubectomy operation shall be entitled to the leave and wages of maternity benefit for 2 weeks.
A woman has the right to leave with wages for a period of one month in the event of the circumstances mentioned above.
The employer must ensure to provide nursing breaks to the woman along with the interval for rest allowed to her, together with 2 breaks of the prescribed duration for nursing the child until the child is 15 months old.
The employer must provide a crèche facility in an establishment having fifty or more employees.
Further, the employer is obligated to allow at least 4 visits within the day, including the intervals in the crèche
Such provision must be intimated to the woman at the time of her appointment in the establishment.
In accordance with this Act, it is unlawful for every employer to dismiss any woman in the event of her absence.
If the employer still dismisses the woman, this would not disentitle her from the maternity benefits or medical bonus except in cases of gross misconduct by the employer.
The woman has the right to appeal to the appropriate authority regarding this employer’s decision within 60 days of such an order.
The employer shall not deduct the daily wages of the women entitled to maternity benefits based on the nature of work or the nursing breaks entitled to her.
The employer reserves the right to forfeit the maternity benefit claim of women who work in any establishment during the term of pregnancy after being sanctioned the leaves from the current employer.
It is the duty of the employer to display the abstracts of the provisions of this Act in conspicuous places in the language understood by the employees.
The employer must maintain the registers’ muster rolls or any other relevant record in the prescribed manner.
The employer would be liable for the following penalties in the event of non-compliance with the employer compliance discussed above.
In the event of contravention of the Act’s provisions by the employer, he shall be liable for punishment with imprisonment, which may extend to 3 months, or with a fine of 500 rupees, or both.
Where there is a contravention with regard to the maternity benefits, its payment or any other payment regarding the same or amount has not already been recovered, the court has the power to recover the amount of such maternity benefit or the amount as a fine and pay the same to the entitled person.
Any person who denies producing the required record of registers prevents and conceals any person from appearing or before being examined by the inspector would be punished with imprisonment extending to 3 months, or with a fine, extending to five hundred rupees or with both.
The Maternity Benefit Amendment Act was enforced on 3rd April 2017 to encourage the participation of women labour force, maintain a work-lifework-life balance in the organisational sector, and protect the employment of expectant mothers.
The major employer compliance under the amended Act are –
Employer Compliance under the Maternity Benefit Act can benefit both the employer and the working women as it can help the employer avoid the risks and penalties of non-compliance together with job security and work-life balance for pregnant working women. The provisions such as work from home, crèche facility, payments of maternity benefits, leaves and other relevant provisions help in developing a solid culture for individuals in the society.
Read our Article: Employer Compliance relating to Sexual Harassment at Workplace
Shubhangi has completed her B. A.LLB (H) with specialization in Business Laws from Amity University. She is particularly interested in legal research and writing and wishes to utilize her knowledge to create informative legal content. She has prior experience in corporate and criminal litigation and has great drafting skills. She has also published various research papers in reputed journals.
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