The Maternity Benefit Act came up with that a woman will be paid maternity benefit at the rate of her average daily wage in the three months preceding her maternity leave. Although the woman needs to have worked for the employer for at least 80 days in the 12 months preceding the date of her expected delivery.
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Maternity Leave in India has improved considering the current synopsis where women are dominantly part of any work setup. Pregnancy is a stage in life; many families expect it to happen to them in a short time. Many families chalk out on pregnancy and childbirth. However, cheerful and exciting pregnancy is, for working women, the concerns prevail. A lot of anxiety and difficulty has led to many women employees losing out on their lawful share. Some women employees even quit jobs as censorious health does not allow them to continue working during the pregnancy period.
The government supports the Maternity Leave firmly. A woman can now make use of all the significant benefits and have a well-informed decision on her pregnancy and maternity leave. The Maternity Leave is to be adopted by all Employers, who have not occupied with ESI already (ESI is an additional self-insured policy). This mandate is set to benefit the pregnant fraternity for securing their jobs as well as having a peaceful time with family in the cheerful phase of their life.
“Maternity leave in India” is a paid leave of non-appearance from work that allows women employees the benefit of taking care of their newly born, and at the same time holding on to their jobs.
India is a developing country, and our first Maternity leave Act was established back in 1961 known as The Maternity leave Benefit Act 1961. This Act made sure that women employees get a paid leave of 12 weeks post-delivery for taking care of the new-born. This Act applies to initiation with ten plus employees. The Act put women employees on a contract, permanent basis, or engaged with agencies.
The current employment synopsis has changed, and we have a significant portion of female employees taking jobs. The maternity act was subject to swap due to social & economic changes. In 2017, The Maternity leave Act was modified as The Maternity leave (Amendment) Bill 2017.
1. The act expresses that the employer should not give a pregnant employee strenuous tasks, counting long-standing working hours, ten weeks prior to the delivery, such that it might act on both Mother and child.
2. The employer should make sure the health and safety of the female employer and mandate that she should not be involved in any work six weeks succeeding the delivery as well as miscarriage.
3. The law also expresses that the employer cannot dismiss or discharge a female employer throughout the maternity leave period.
4. In an establishment of 50 plus employees, a nursery facility is to be provided by the employer. When the female employee comes back to work after maternity leave, she can avail of the nursery facilities. The Act also permits the female employee to visit the nursery four times during the regular working hours, counting her regular rest intervals.
5. If an employer does not stick to the Maternity Act, there are severe outcomes. The penalty or punishment to an employer for non-acceptance of the Act is a fine of Rs. 5000/- or imprisonment which can elongate to a year or with both.
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