Maternity Benifits Act
Divya Michelle Rajiva
(Querist) 06 July 2009
This query is : Resolved
I have some questions on the Maternity Benifits Act. The company i work with doesn't want to discriminate on employment of women who are on the family way.
1. Can the company remove any clause which states a certain duration of employment is required for a women to be eligible.
2. Can the company overwrite the clause which says it is applicable only for the first 2 deliveries?
3. Is this benefit applicable only to married women or women in general?
Any assistance will be truly appreciated
Guna Shekaran R
(Expert) 06 July 2009
This enactment came into force in 1961, when woman came forward for employment in various fields. The factories and establishment were not giving basic benefits rather natural benefits required to be given. But now the companies understood the workforce of woman does not want to loose them and retain them by giving various benefits. If you understood the object of the act, your company can give benefits above the Act and change certain duration of employment for woman employees.( As per Act 9 months ) You can't remove the clause in the Act. Hope your first question answered. 2. Similarly the benefit can be extended to more deliveries also.(This should be applicable all the woman employees and there should not be discrimination and Finance Dept should not object ) with regard to 3 question, Act does not say any married woman. when abortion is legalised and More over children born out of wedlock have the same rights as children born in wedlock , this is possible. If your company wants to help a unmarried woman, it can help.
However, a woman employee can be deprived of maternity benefit if after going for maternity leave, she works in another establishment during the period she's supposed to be on leave, or during the period for her pregnancy, she is dismissed for any prescribed gross misconduct.
This is purely my view.
R.Gunashekaran
Lawyer
Guna Shekaran R
(Expert) 06 July 2009
Dear Divya,
The certain duration is 12 weeks and out of which six week shall precede the date of her expected delivery and not 9 months.
Recently the Supreme Court ruled that "live-in relationships are on par with marriages" has to be considered for the 3 question.
Thanks
R.Gunashekaran
SANJAY DIXIT
(Expert) 06 July 2009
Dear Divya,
In my views--
1) No
2) No
3) Words "employed woman" , not "married woman" are used throughout the text.
Divya Michelle Rajiva
(Querist) 07 July 2009
Thank you for the assistance. I understand the 12 week clause, however as a company we do not want to enforce 6 weeks before and 6 weeks after and would like to leave this decision up to the woman provided she takes a minimum of 6 weeks after.
