Theme: Maternity Benefit

The employer must pay you your maternity benefit before your delivery. ^{(( Section 6(5), The Maternity Benefit Act, 1961.))} For this, you have to give your employer a written notice to state your claim to the maternity benefit. Given below  is a checklist of information that should be in the notice:

• You have to state that you will not work for any other employer during the time for which  you have claimed the maternity benefit. ^{(( Section 6(1), The Maternity Benefit Act, 1961.))}
• You can also nominate  another person who can receive the payment on your behalf. ^{(( Section 6(1), The Maternity Benefit Act, 1961.))}
• In case you are pregnant, the notice should state the date from which you will be absent from work. This cannot be earlier than 6 weeks before the date of your expected delivery. ^{(( Section 6(2), The Maternity Benefit Act, 1961))}
• You are required to submit proof that you are pregnant.

Claiming Benefit After Delivery

Subsequently, you can claim the maternity benefit for the period after your delivery within 48 hours of submitting proof that you have delivered the child. ¹ If you have not given the notice when you were pregnant, you can give the notice as soon as possible after your delivery. ^{(( Section 6(3), The Maternity Benefit Act, 1961))}  However, just because you haven’t given a notice does not mean that you will not be able to get maternity benefits. You can make an application to the inspector and he can order that the payment be made. ^{(( Section 6(6), The Maternity Benefit Act, 1961.))}

Going Back to Work

If you continue to go to work after you have been allowed to take maternity leave by your employer, then you shall have to forfeit your claim to the maternity benefit for such period. ^{(( Section 18, The Maternity Benefit Act, 1961.))}

The Maternity Benefit Act will apply to you if you work in any of the following workplaces:

• Any establishment such as a factory, mine or plantation, including government establishments ^{(( Section 2(1)(a), The Maternity Benefit Act, 1961.))}
• Establishments employing people for the exhibition of equestrian, acrobatic and other performances ^{(( Section 2(1)(a), The Maternity Benefit Act, 1961.))}
• Shops or establishments employing  10 or more people and which is covered within the laws of the state ^{(( Section 2(1)(b), The Maternity Benefit Act, 1961.))}
• Any other establishment or class of establishments, industrial, commercial, agricultural units etc. that the state may notify. ^{(( Proviso, Section 2(1),The Maternity Benefit Act, 1961.))}

However, workplaces covered under the Employees’ State Insurance Act, 1948, will have to follow the maternity benefits given under this law. ^{(( Section 2(2), The Maternity Benefit Act, 1961))} Read more here.

Working From Home

When your maternity leave is over and the nature of your work allows you to work from home, you can ask your employer to allow you to work from home. ^{(( Section 5(5), The Maternity Benefit Act, 1961.))} This is based on you and your employer mutually agreeing on the conditions of your employment from home.

You cannot be dismissed or fired by your employer during or due to your maternity leave. ^{(( Section 12(1), The Maternity Benefit Act, 1961.))} Keep in mind:

• During your maternity leave, your employer cannot change your condition of work to your disadvantage. For example, your employer cannot demote you at work just because you took maternity leave.
• If you are fired or dismissed during your pregnancy, you are eligible to receive maternity benefit or medical bonus.
• Your employer cannot cut your salary based on the fact that you requested and did non-strenuous work during your pregnancy. Even for reasons such as taking nursing breaks, your employer cannot cut your salary. ^{(( Section 13(b), The Maternity Benefit Act, 1961.))}

You can only be dismissed or dis-entitled to your maternity benefit in cases of gross misconduct. ^{(( Proviso, Section 12(2)(a), The Maternity Benefit Act, 1961.))} Gross misconduct means deliberately destroying an  employers’ property, assaulting other employees, fraud concerning the employers’ work, etc. ^{(( Section 8.The Maternity Benefit (Mines and Circus) Rules, 1963))}

An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy. If the woman dies before receiving the maternity benefit or amount, the employer shall pay the amount to the person nominated by the woman in the notice given by her.  ^{(( Section 7, The Maternity Benefit Act, 1961.))} The amount payable depends on the following:

Other than the maternity pay and leave, women are entitled to other benefits. These benefits such as nursing breaks and creche facilities allow women to make an easier transition back into work after their maternity leave.

Nursing breaks

If you return to work after your delivery, you can take 2 breaks of 15 minutes each daily ^{(( Section 6, The Maternity Benefit Act, 1961.))}. You can nurse your child and take nursing breaks till the child is 15 months old. ^{(( Section 11, The Maternity Benefit Act, 1961))}

Creche Facility

Every establishment having fifty or more employees shall have a creche facility. ^{(( Section 11A, The Maternity Benefit (Amendment) Act, 2017))} You can visit the creche 4 times in a day as per the law. ^{(( Section 6, The Maternity Benefit (Mines and Circus) Rules, 1963.))} You can take an extra time of 5-15 minutes. This includes the time to and from the:

• Creche (a nursery where babies and young children are cared for during the working day) or
• Any other place where the children are being taken care of.

The Ministry of Women and Child Development issued guidelines for setting up and running creches, which prescribe standards that creches should adhere to. ^{(( National Minimum Guidelines for Setting Up and Running Crèches under Maternity Benefit Act 2017, https://wcd.nic.in/sites/default/files/National%20Minimum%20Guidelines.pdf))} The guidelines state that there should be one crèche for every 30 children, which should be extended to any employee’s child between the age group of 6 months to 6 years. The location of the crèche facility should be at the workplace, or within 500 meters from the workplace.

If your employer has withheld any payment or maternity benefit from you or has dismissed you on account of your maternity leave, then you can approach the following authorities:

Inspector

You can approach the inspector to make a complaint. The inspector may make an inquiry on his own or after receiving a complaint, and pass orders based on the case. ^{(( Section 17(1) and Section 17(2), The Maternity Benefit Act, 1961.))} Commonly, the inspectors appointed under this law are labour regional commissioners. To know which officers have been designated as inspectors, click here.

You can appeal the decision of the inspector to the Labour Court. You should file the appeal within 30 days from the date on which the decision is communicated to you. ^{(( Section 17(3), The Maternity Benefit Act, 1961.))} However, if you do not file an appeal then the decision of the inspector is final. ^{(( Section 17(4), The Maternity Benefit Act, 1961.))} You can request the advice of a lawyer for the same.

National and State Commissions for Women

The National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women. The NCW will help you by:

• Monitoring and expediting the investigations being led by the police.
• Providing counselling or a hearing before the NCW. This is done to resolve disputes between the two parties.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in, or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and ask them for help.

Proof of a pregnancy, miscarriage, abortion or tubectomy operation is necessary if you want to claim maternity benefits. You can prove the fact that you are pregnant, had a miscarriage, abortion, tubectomy operation or suffered an illness arising out of these procedures if you produce a certificate to that effect from any of the following^{(( Section 4, The Maternity Benefit (Mines and Circus) Rules, 1963))}:

• Registered Medical Practitioner
• A Medical Officer of a regional hospital or a dispensary set up under the Coal Mines Welfare Organisation
• Medical Officer of a Mines Board where the mine is situated.

The fact that a woman has been confined can also be proved by the production of a certified extract from a birth register or a certificate signed by a registered midwife. Additionally, a certificate signed by a registered midwife also proves miscarriage. The death of a woman can be proved by a certified extract from a death register.