Maternity act 1961


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Compensation Management

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Maternity act 1961

  1. 1. Compensation Management 09-11 1 COMPENSATION MANAGEMENT MATERNITY BENEFIT ACT, 1961 IIPM 09-11
  2. 2. OBJECTIVE 2  To provide healthy maintenance of pregnant wo m e n e m p l o y e e a n d h e r c h i l d Compensation Management 09-11
  3. 3. SCOPE & COVERAGE OF ACT 3  Act Applies to;  E v e r y e s t a b l i s h m e n t b e i n g a f a c t o r y, m i n d o r p l a n t a t i o n  Any such establishment belonging to gover nment & wherein persons are employed for equestrian, acrobatic & other performances  To ever y shop or establishment wherein 10 or more persons are employed Compensation Management 09-11
  4. 4. DEFINITIONS 4  Appropriate Gover nment  Child – includes a still born child  Deliver y – birth of child  Employer:  Establishment which is under the control of govt.(HOD)  In relation to an establishment under any local authority(Chief Executive Officer)  In any other case, the person who has the ultimate control over affairs – Manager or Managing Director Compensation Management 09-11
  5. 5. CONTD… 5  Miscarriage – expulsion of the pregnant uter us at any p e r i o d p r i o r o r d u r i n g t h e 2 6 th w e e k o f p r e g n a n c y b u t d o e s not include any miscarriage.  Wa g e s – a l l r e m u n e r a t i o n p a i d o r p a y a b l e i n c a s h t o w o m a n . It includes:  Cash allowances  Incentive bonus  Money value of concessional supply of food grains & other ar ticles. Compensation Management 09-11
  6. 6. PROHIBITION OF EMPLOYMENT 6  Any work which is of arduous nature  Any work which involves long hours of standing  Any work which in any way is likely to interfere with her pregnancy or the nor mal development of the foetus  Any work which is likely to cause her miscarriage or adversely affect her health. Compensation Management 09-11
  7. 7. MATERNITY BENEFIT 7  Paym en t to a wo m an @ th e rate of aver ag e d ail y wag e f o r the period of her actual absence i.e. the period immediately p r e c e d i n g t h e d a y o f h e r d e l i v e r y o r f o l l o w i n g t h a t d a y.  Wo m a n m u s t h a v e w o r k e d f o r a p e r i o d o f a t l e a s t 8 0 d a y s i n the preceding 12 months  Leave will be granted 6 weeks before pregnancy & 6 weeks p o s t p r e g n a n c y. Compensation Management 09-11
  8. 8. CONTD… 8  In case of Death during this period – payment shall be payable only for the days up to & including the day of her death.  If woman dies during her delivery or during the period immediately following the date of her deliver y – she is entitled for the maternity benefit  If child also dies during the same period, the employer shall liable for the payment of maternity benefit for the days up to & including the date of the death of child. Compensation Management 09-11
  9. 9. CONTD… 9  Miscar riag e – woman shall be entitled to leave with wages for a period of 6 weeks immediately after the day of her miscarriage  Illness, premature bir th or miscar riage – absence allowed to her to leave with wages will get maximum period of one month. Compensation Management 09-11
  10. 10. NOTICE OF CLAIM 10  May give notice to her employer  Amount to which she may be entitled must be paid to the nominate she states in the notice.  Notice shall be in writing & in prescribed form  If not given the notice when she is pregnant, she may give s u c h n o t i c e a s s o o n a s p o s s i b l e a f t e r d e l i v e r y. Compensation Management 09-11
  11. 11. RECEIPT OF NOTICE 11  On receipt of notice;  Employer shall per mit woman to absent herself during the period for which receives the mater nity benefit.  Failure of notice – doesn’t entitle her to g et mater nity benefits.  Inspector may order the payment of such benefit or amount within such period as specified in order. Compensation Management 09-11
  12. 12. MODE OF PAYMENT 12  Per io d p recedin g th e date o f th e ex p ected delive r y sh al l b e paid in advance by employer on production  The amount due for subsequent period will be paid to her once she is back to establishment within 48 hours  In case of death – employer pay such benefit to the nominated person by woman mention in the notice. Compensation Management 09-11
  13. 13. LEAVE & NURSING BREAKS 13  Leave for miscar ria ge – woman shall be entitled to leave with wages @ the rate maternity benefit for 6 weeks immediately the day after miscarriage  Other leave – woman suffering from illness arising out of p r e g n a n c y, d e l i v e r y, p r e m a t u r e b i r t h o r m i s c a r r i a g e s h a l l b e e n t i t l e d with wages for maximum 1 month.  N u r s i n g b r e a k s – w o m a n a f t e r d e l i v e r y r e t u r n s t o d u t y, s h e s h a l l be allow 2 breaks for nursing the child until child attains 15 months. Compensation Management 09-11
  14. 14. 14 Compensation Management 09-11