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Right to payment of maternity benefit.

Right to payment of maternity benefit.

The maternity benefit (Amendment) Act 2017 is effective on April 1 2017
The Main Aim of The Maternity Benefit Act to provide protection of employment women who work in any Firm, Organisation, Corporate sector and factory 

The maternity benefit Act protects the employment of women during the time of her Pregnancy/Maternity and that woman are entitled her full paid absence from work to take care of her child.
Employment women are entitled to get maternity benefit such as:

1.Maternity Leave:- Parliament approved the bill to pay 26 weeks of maternity leave to working women.The Maternity Benefit Act will be applicable to all establishments firm Factories Corporate Sector and other employable companies, which provide job giving employment to 10 or more people. For the third child, eligibility will be 12 weeks.

2. Income:- A pregnant worker woman is awarded full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery.

3. Free medical care:- A pregnant woman worker is entitled to a motherhood benefit of Rs.1000 (in the form of a medical bonus) if it is provided free of cost by the employer after birth and childbirth without birth. It can be extended to maximum extent Twenty thousand rupees have been authorized by the Central Government to increase the basic amount every three years.

 In August 2008, the amount of medical bonus was 2500 rupees, which was later increased to Rs. 3500 Indian rupees in 2011.

Right to payment of maternity benefit (section 5 ):-
1. Subject to the provision of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the  rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery  and any period immediately following that day.

Explanation:- For the purpose of this sub-section, average daily wage means that the average of the woman payable for that day, which has worked during the period of three calendar months for the day, from which date she absences herself Under the Maternity, Minimum Wages Act 1948 (11 or 10 rupees, whichever is higher), the minimum rate of wages fixed or revised.

2. No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

Provided that the quality period or eighty days aforesaid shall not apply to a woman who has immigrated into the state of Assam and was pregnant at the time of t he immigrated.

Explanation:- For the purpose for which calculating under this sub-section the days on  which a woman has actually worked in the  establishment, the days for which she has been laid off or was on holiday declared under any law for the time being in  force to be holidays with wages, during the period of twelve months immediately preceding  the date of her expected delivery shall be taken into  account.

3. The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death.

Provided further that where a woman, having been delivered  of a child, dies during the period immediately following the date of her delivery for which she is entitled to the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period  but if  the child also dies during the said period. then for the days up to and including the death of the child.

Maternity Benefit is to be calculated only for the actual working days in a week excluding wageless holidays.
Malayalam Plantation Ltd.Vs. Inspector of Plantations .91975)30 FLR 148.

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