Professional Documents
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Under sec.6 a Notice of claim for maternity benefit must be provided. A woman
employee entitled to maternity benefit may give a notice in writing (in the prescribed
form) to her employer, stating as follows:
i. that her maternity benefit may be paid to her or to her nominee (to be specified in
the notice);
ii. that she will not work in any establishment during the period for which she
receives maternity benefit; and
iii. that she will be absent from work from such date (to be specified by her), which
shall not be earlier than 6 weeks before the date of her expected delivery.
The notice may be given during the pregnancy or as soon as possible, after the delivery.
On receipt of the notice, the employer shall permit such woman to absent herself from
work after the day of her delivery. The failure to give notice, however, does not disentitle
the woman to the benefit of the Act.
Women are entitled to these benefits as the child bearing process is intensely
painful and can cause bodily damage. This may severely affect the future work of the
woman as an employee and decrease her productivity. Hence a certain amount of time,
usually six weeks is given for recovery and nursing of the newborn child. Such leave may
also be extended in special cases related to pregnancy such as miscarriage or termination
of pregnancy. Special provisions are made for miscarriage –‘In case of miscarriage or
medical termination of pregnancy, a woman shall, on production of the prescribed proof,
be entitled to leave with wages at the rate of maternity benefit, for a period of 6 weeks
immediately following the day of her miscarriage or medical termination of pregnancy’ as
per sec.9 of the Maternity Benefits Act. For a Tubectomy operation as well prescribed
proof must be provided and two weeks leave will be provided by the employer. Leave for
a maximum period of one month with wages at the rate of maternity benefit are allowable
in case of illness arising out of pregnancy, delivery, premature birth of child, miscarriage
or medical termination of pregnancy or tubectomy operation. Every woman entitled to
maternity benefit shall also be allowed a medical bonus of Rs. 250, if no pre-natal
confinement and post-natal care is provided for by the employer free of charge.
For women who return to their services with the employing agency after the leave
provided a special provision for two breaks in the working day for a prescribed period of
time for nursing the child till the age of fifteen months. This gives women a feeling of
convenience as they do not have extra hassles of running home from time to time or the
inconvenience of losing their status of employment.
The main authority on this Act is the Central Government which determines the
extent of Act and makes rules to enforce it. Its main aims are to give directions to the
State Government regarding execution of the act, and where the appropriate Government
is the Central Government, to make rules for carrying out the provisions of this act, to
exempt establishments from any or all provisions of the act. Where the appropriate
government is the State Government, to make rules for the purpose of carrying out the
provisions of this act, to exempt establishments from any or all provisions of the act. The
duty of the Inspector appointed is to implement and enforce the provisions of the act and
to hear complaints regarding payment of maternity benefit. He or she can enter at
reasonable times with assistants, any premises where women are employed, examine any
person, require the employer to give information regarding women employees, take
copies of registers or records, order payments to be made.
It is seen that there are provisions for women who do undergo inconvenience at a
stage when they are starting families and are given many benefits such as paid leave etc.
This is however not enough as many employers do not hire married women or dismiss
them before pregnancy. The Act provides some protection to women economically
especially today in an age where single mothers are becoming more prevalent it gives
them stability in their lives to have their wages and the security of returning to a steady
job. My personal views are that this Act is not enough to guarantee women equality and
economic security but it is definitely a starting step and though there are several bridges
to cross, the first step has been initiated and in today’s progressing world the future for
women’s equality shines brightly.