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Employer’s duty – under Maternity Benefit Act

Posted by: on 14 February 2019 in Amendments, Compliance, Evolution of Work, HR, Payroll, Talent Management

This post is part of the Coffee Break Guide to Compliance by Anandan Subramaniam. Please subscribe to the blog updates if you’d like to be notified of these posts. Please comment below with your doubts and queries.

The Coffee Break Guide to Compliance – Vol. 31 {Employer’s duty – under the Maternity Benefit Act}

Do you have a Women employee going to avail Maternity leave?  Following is the routine actions to be carried out by the employers in such circumstances:

Whenever a woman employee joins an organization:

The employer shall prepare and maintain a muster roll in Form ‘A’ and shall enter therein particulars of all women workers from whom notices of confinement have been received.

Where a woman employee proposes to avail Maternity Leave/Benefit, the prerequisites to be compiled are listed below:

  • A woman employed in an establishment and entitled to maternity benefit shall give notice to her employer, in the respective form as specified in the State Maternity Benefit Rules
  • The notice shall have details of the proposed date of commencement of leave, expected date of delivery, nominee details, etc.
  • The employer shall make payment of the maternity benefit and any other amount due under the Act to the woman concerned.
  • The medical bonus shall be paid along with the second installment of the maternity benefit.

On production of such proof as may be prescribed a woman shall avail benefit and payment thereof, for Maternity related illnesses, from the date of such illness?

  • In case of miscarriage or medical termination of pregnancy – for a period of six weeks
  • In case of tubectomy operation – for a period of two weeks
  • A woman suffering from illness arising out of illnesses for a maximum period of one month

In case of her death during Maternity

  • before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit, it shall be paid, to the person nominated by the woman in her notice
  • Where the nomination was not made, the employer must within one month of the date of the death of the woman concerned (a) report to the appellate authority (b) to ascertain the legal representative. On receipt of this intimation from the employer, the appellate authority shall, after making necessary enquiries, determine the legal representative to whom the maternity benefit or amount due shall have to be paid and inform the employer. On being informed by the appellate authority as to the person who as a legal representative is entitled to receive the maternity benefit or amount due, the employer shall pay to such a person maternity benefits
  • Maternity benefit or any other amount payable shall be paid within two months of the date of death of the woman entitled to receive such benefit or amount, to the nominee/legal heir

Others

  • Whenever the payment is made, a receipt shall be obtained by the employer in an appropriate format from the person to whom the payment is made.
  • The employer shall at request supply, free of cost, to every woman employed by him or to the person nominated by her or to her legal representative copies of Forms to claim Maternity Benefit/Medical Bonus, etc.
  • The fact that a woman is pregnant or has been delivered of a child or has undergone miscarriage or is suffering from illness arising out of pregnancy, delivery, premature birth of a child or miscarriage shall be proved by the production of a certificate in specified format as prescribed in the State-specific Maternity Rules.
  • Provided that the fact that a woman has been delivered of a child may also be proved by the production of a certified extract from a birth register under the provisions of any law for the time being in force.

An Employer shall ensure the following for any Inspecting authority to peruse:

  1. whether due action has been taken on every notice is given under section
  2. whether the Muster Roll prescribed is properly maintained
  3. whether there have been any cases of discharge or dismissal or notice of discharge or dismissal in contravention of the provisions of section 12 since the date of last inspection
  4. whether the amounts due have been paid within the prescribed time
  5. whether there have been any cases of deprival of maternity benefit or medical bonus in contravention of the Maternity Benefit Rules
  6. How far the irregularities pointed out at previous inspections have been remedied and how far orders previously issued have been complied with.

Display of Abstract

The abstract of the provisions of the Act and these rules required to be exhibited shall be in Form ‘J’ in the language understood by the majority of workers and shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed

Filing of Annual Return

The employer of every establishment shall on or before the 31st day of January every year submit to the Inspector returns in specified Form, giving information as to the particulars specified in respect of the preceding year.

Further return on Closure of Establishment

In case of closure of the establishment due to various reasons, he shall, within one month of the date of such closure shall file a further return.

Record Maintenance

Records kept under the provisions of the Act and these rules shall be preserved for a period of two years from the date of their representation.

 

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TAGS: Anandan Subramaniam Articles Compensation and Benefits Employment Payroll and Compliance Talent Retention The Coffee Break Guide to Compliance

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