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Maternity Benefit Act - India This Act applies to women who work in factories, mines, plantations, performance establishments and shops with more than 10 employees, and provides 12 weeks paid maternity leave, and 6 weeks paid leave in relation to miscarriage or termination of pregnancy. It does not apply to employees covered by the Employees’ State Insurance Act 1948 (see ss. 2, 3, 5(2) and 9.). Maternity benefit is paid to employees who have been employed for not less than 80 days. It is paid at the average daily wage, calculated for the three months preceding absence on maternity leave, and is paid for a period of six weeks before delivery and six weeks after. However, the employee also has the option of taking the full 12 weeks after delivery. It is prohibited to employ female employees during the six weeks after delivery, miscarriage or termination of pregnancy. Pregnant employees can request that they not perform arduous work or work which involves long hours of standing or which is likely to interfere with the pregnancy, the normal development of the foetus, adversely affect health or cause a miscarriage up to 10 weeks before the expected delivery. In addition, if the employer does not provide free facilities for pre- and post-natal care, the employee is entitled to a medical allowance. Maternity benefit can be paid in advance for the period preceding the expected delivery, upon proof of pregnancy (see ss. 4, 5, 8 and 9.). Notice must be given before the employer is required to permit maternity leave, but failure to give notice does not disentitle the employee from receiving maternity benefits (see s. 6.). One month of leave and benefits is available for women who are ill due to pregnancy, delivery, premature birth, miscarriage, termination of pregnancy and tubectomy if medical evidence is provided. This is in addition to the normal 12 weeks maternity leave and allowance (see s.10.). Under s.11, in addition to other scheduled breaks, nursing breaks are to be provided twice daily until the child is 15 months old. It is prohibited to dismiss, or issue a notice of dismissal for, an employee while they are absent on maternity leave, or to vary her conditions of service. Dismissal of a female employee during pregnancy does not deprive her of her right to maternity allowance or medical bonus allowance except in cases of gross misconduct. No deductions from wages can be made on account of maternity leave, the fact that lighter duties were performed before taking maternity leave or the taking of nursing breaks (see ss. 12 and 13.). The Act is enforced by penalty provisions and there is provision for the appointment of an inspector with powers to inquire into complaints, enter premises, examine persons, require the production of information, take copies of documents and direct payment of monies. The later power is subject to appeal provisions (see ss. 14-23.).
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