Compliances Under Delhi Maternity Benefits Rules in Accordance With the Maternity Benefit Act

1. Employment of, or work by, women prohibited during certain periods (Section 4)

• No employer shall knowingly employ a woman and no woman shall work in any establishment during the six weeks immediately following the day of her delivery [miscarriage or medical termination of pregnancy]. (Section 4(1) & (2))
• No pregnant woman shall be required to do work 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 during the following period:
  (a) 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. (Section 4(3) & (4))

2. Right to payment of maternity benefit [Section 5]

• 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. (Section 5(1))
• No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery. (Section 5(2))
• The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery.
  Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
• Where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death
• Where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the Child (Section 5(3))
• A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be. (Section 5(4))
• In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree. (Section 5(5))

3. Muster Roll (Rule 3)

• The employer of every factory in which women are employed shall prepare and maintain a muster roll in Form ‘A’ and shall enter therein particulars of all women workers in the factory;
• All entries in the muster roll shall be made in ink and maintained up to date and it shall always be available for inspection by the Inspector during working hours.
• The employer may enter in the muster roll such other particulars as may be required for any other purpose of the Act.

4. Proof (Rule 4)

• The fact that a women 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 child or miscarriage shall be proved by the production of certificate to that effect—
  (a) from a Medical Officer of a regional hospital or a dispensary set up under the Employees’ State Insurance Corporation, Government of India, or C.H.S. Government of India or the Municipal Corporation of Delhi or New Delhi Municipal Committee.

(b) from a registered medical practitioner.
The certificate shall be in Form ‘B’

• Further it is to be noted that:
• The fact that a woman has been confined may also be proved by the production of a certified extract from a birth register maintained under the provisions of any law for the time being in force or a certificate signed by a registered midwife.
• The fact that a woman has undergone miscarriage may also be proved by the production of a certificate signed by a registered midwife.
  The certificate from a registered midwife shall be in Form ‘D’.
• The fact of death of woman or a child may be proved by the production of certificate to that effect in Form ‘C’ from any of the authorities referred to in sub rule (1) or by the production of a certified extract from a death register maintained under the provisions of any law for the time being in force.

5. Continuance of payment of maternity benefit in certain cases (Section 5A)

• Every woman entitled to payment of maternity benefit under the Act shall, notwithstanding application of ESIC Act, 1948 to factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit U/s 50 of that Act.

6. Payment of maternity benefit in certain cases (Section 5B)

• Every woman:

1. a) who is employed in factory/establishment to which ESIC apply,
   b) whose wages (excluding remuneration for overtime) for a month exceed amount specified in sub-clause (b) of clause (9) of Sec 2 of that Act &
2. c) Who fulfils conditions of section 5(2),

Shall be entitled to maternity benefit.

7. Payment of maternity and other benefits – (Section 6 read with Rule 5)

• Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in Form E, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and in case there is no nominee to her legal representative and that she will not work in any establishment during the period for which she receives maternity benefit.
• In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
• (2)Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
• On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
• The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
• The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order
• A receipt to be obtained by employer in Form F whenever payment in Rule 5(1), (2) made
• Every woman entitled to maternity benefits under this Act and shall also be entitled to receive from the employer a medical bonus of Rs.3500/- as per the Maternity Benefit Act & Rs.5000/- as per ESI Act from ESIC if no pre-natal confinement and post-natal care are provided by the employer/ ESIC free of charge. [Rule 5(4)]
• If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative. Such payment shall be made within two months of the death of a woman. [Section 7 read with Rule 5(5)]
• Leave for miscarriage, etc.

 In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof in Form B, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy. Such a payment shall be made within forty-eight hours of production by her of the certificate in form B or form D. [Section 9 read with Rule 5(6)]

• Payment of Leave with wages for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage

A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month. Such wages shall be paid within 48 hours of the expiry of the period of leave referred to above. [Section 10 read with Rule 5(7)]

8. Leave with wages for tubectomy operation (Section 9A)

• In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.

9. Leave for illness arising out of pregnancy, delivery, premature birth of child [miscarriage, medical termination of pregnancy or tubectomy operation] (Section 10)

• A woman suffering from illness arising out of pregnancy, delivery, premature birth of child (miscarriage, medical termination of pregnancy or tubectomy operation) shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.’

10. Break for nursing child (Section 11 Read with Rule 6)

• Every woman delivered of a child who returns to duty after delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months. Each of the two breaks mentioned in section 11 shall be of 15 minutes duration.
• An extra sufficient period depending upon the distance to be covered, shall be allowed for the purpose of journey to and from the creche or the place where the children are left by woman while on duty, provided that such extra period shall not be of less than 5 minutes’ and more than 15 minutes duration. If any dispute arises regarding such extra period, the matter shall be referred to the Competent Authority for decision.

11. Creche Facility [Section 11A(1)]

• Every establishment having fifty or more employees shall have the facility of créche within such distance as may be prescribed, either separately or along with common facilities. Provided that the employer shall allow four visits a day to the créche by the woman, which shall also include the interval for rest allowed to her.

12. Intimation to employees about Maternity Benefits [Section 11A(2)]

• Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act.

13. Supply of Forms (Rule 12)

• The employer shall supply to every woman employed by him at her request free of cost copies of Forms ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’ and ‘I’.

14. Records (Rule 14)

• 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 preparation.

15. Annual Returns (Rule 16)

• The employer of every factory shall on or before the 31st day of January in each year submit to the Competent Authority a return in each of the Forms ‘L’, ‘M’, ‘N’ and ‘O’ giving information as to the particulars specified in respect of the preceding year. [Rule 16(1)]
• If the employer of a factory to which the Act applied sells, abandons the working of the factory he shall, within one month of the date of sale or abandonment submit to the Competent Authority a further return in each of the Forms L, M, N and O in respect of the period between the end of the preceding year and the date of sale or abandonment. [Rule 16(2)]
• If the employer of a factory to which the Act applies discontinues the factory he shall, within four months of the date of discontinuance submit to the Competent Authority a further return in each of the Forms L, M, N and O in respect of the period between the end of the preceding year and the date of discontinuance.

16. Dismissal during absence of pregnancy (Section 12)

• When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. (Section 12(1))
• The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus.
  Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both. (Section 12(2))

17. No deduction of wages in certain cases (Section 13)

• No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of—
  (a) the nature of work assigned to her by virtue of the provisions contained in sub-section (3) of section 4; or

(b) breaks for nursing the child allowed to her under the provisions of section 11.

18. Forfeiture of maternity benefit (Section 18)

• If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorised absence, she shall forfeit her claim to the maternity benefit for such period.

19. Abstract of Act and rules thereunder to be exhibited (Section 19 read with Rule 15)

• The abstract of the provisions of the Act and these rules required to be exhibited under section 19 shall be in Form ‘K’ and shall be exhibited in such manner as the Competent Authority may require.

20. Maintenance of Registers, etc. (Section 20)

• Every employer shall prepare and maintain such registers, records and muster rolls and in such manner as may be prescribed.