please give your view on any women can avail a benefit under the Meternity Benefits Act for Pregnancy without Marriage
Ram K (Manager) 10 February 2010
please give your view on any women can avail a benefit under the Meternity Benefits Act for Pregnancy without Marriage
sugandh (student) 10 February 2010
yes ofcourse...y not...becoz whr in the meternity benefit act...it is for a woman to be married....the law is only to support a woman during her days of labour...and to ensure that nothing affects her job security...!!
sugandh (student) 10 February 2010
yes ofcourse...y not...becoz nowhr in the meternity benefit act...it is for a woman to be married....the law is only to support a woman during her days of labour...and to ensure that nothing affects her job security...!!
Ram K (Manager) 10 February 2010
In the Meternity Benefits Act is silent about the unmarried. i hope it is the right of the women.
sugandh (student) 10 February 2010
Yes exactly...:)
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 11 February 2010
she will got it. the benifit given to women not to a married woman. act not silent, the provision is for women not a section of woman. marriage has no relation with maternity benifit.
my unmarried girl friend availed it.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 11 February 2010
the act related with pragnancy and women and not her matrimonial status.
Ram K (Manager) 11 February 2010
Hi Mr.Arup
Is it possible to send me some case evidence, based on the earlier decision i can proceed.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 11 February 2010
I do not have any citation. The provision is within the act.Therefore nothing more to be needed. the whole act already send you as pm. following points are importent.
3. Definitions
(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.
(c) "delivery" means the birth of a child
(h) "maternity benefit" means the payment referred to in sub-section (1) of section 5; 5. Right to payment of maternity benefit.- (1) Subject to the provisions 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, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 or ten rupees, whichever is the highest.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 20 February 2010
Yes. As per provisions of the Act, she can very much avail these leaves.
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