Q. Who is eligible for maternity leave?
A. According to Section 3(o) of the Act, Maternity leaves are applicable to “woman” who are employed, whether directly or through any agency, for wages in any establishment which includes a factory, a mine, a plantation, an establishment wherein person are employed for the exhibition of equestrian, acrobatics and other performances, a shop or establishment.
Including:
a. Women adopting a child
b. Women who experience a miscarriage
c. Surrogate or
d. commissioning mothers [Section 3 (ba)]
Q. What is the minimum period that a person should be employed with an employer for claiming maternity leaves?
A. According to Section 5(2), An employee should be working for a period of a minimum 80 days in the preceding 12 months immediately preceding the date of her expected delivery or adoption
Q. What is the minimum size of the establishment which cover the Maternity Benefit?
A. The Maternity Act covers all establishments that employ 10 or more people and provides for the payment of maternity benefits to female employees when they need to use their maternity leave while they are pregnant or during childbirth and beyond.
Q. What is the duration of Maternity Leave provided by the Act?
A.
For the First and Second-time mother, the Act states that she can take 6 months or 26 weeks of leave.
While with every subsequent child, she can avail a leave of 3 months or 12 weeks as her maternity leave which shall be paid leave wherein her employer will pay her entire salary without any deductions.
A woman must avail her maternity leaves within 6 months of her delivery date.
Q. Who are excluded from her maternity benefits?
A. Self-employed Women or women working at a workplace having less than 10 employees.
Q. Can a woman be dismissed during the absence of pregnancy?
A. According to Section 12 of the Act, it is unlawful of her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge/dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
Q. What are other benefits available under the Maternity Act?
A.
Section 8 entitles woman to receive the payment of a medical bonus of Rs. 1000/- as a medical bonus, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
Section 9 lays down that a woman is entitled to leave with the wage for a period of 6 weeks immediately following her miscarriage or medical termination of pregnancy on the production of such proof as may be prescribed. It includes leave with wages for tubectomy operation under Section 9A wherein a leave of two weeks shall be provided immediately following her tubectomy operation.
Leave for illness arising out of pregnancy, delivery, or premature birth of a child is entitled for a leave for a maximum period of 1 month as per rate of wage as per Section 6 or 9 as applicable.
Nursing breaks under Section 11 lays down that every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
Creche facility under Section 11A lays down that every establishment having fifty or more employees shall have the facility of creche.
Q. What happens to the maternity benefits on the death of a woman or child?
A. The Employer provides the Maternity benefit or amount which the Employer is liable to pay to the nominee which was nominated by the woman or to the legal representative.
Q. Can a woman continue the payment of maternity benefits?
A. The Employee can provide further maternity benefits or leave days according to her employment contract or applicable laws.
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