Dear Experts,
Section 4(3) of maternity benefit act says, "Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health."
I want to know what is the meaning of the entire subsection and the specific meaning of "Without prejudice to the provisions of section 6"
Moreover, after the amendment in 2017, the period of maternity benefit from 12 weeks to 26 weeks. the period of leave before delivery was also changed from 6 weeks to not more than 8 weeks.
I want to know is if this amendment put an impact on subsection 4(a) and 4(b) of section 4 or not which says:
"(4) The period referred to in sub-section (3) shall be –
(a) at the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6."
I request you all to please make me understand the above and clear my doubts.
I shall be very thankful.
Regards,
Vikas
