Introduction
The Telangana Maternity Benefit Rules were framed under the authority of the Maternity Benefit Act, 1961, a central legislation that aims to regulate the employment of women during the periods before and after childbirth. These Rules are applicable to establishments situated within the State of Telangana and provide the detailed procedures, forms, and conditions required for the effective implementation of the Act. They work in conjunction with the Telangana Shops and Establishments Act, 1988 to ensure that working women in the state receive full protection of their maternity rights.
Purpose of the Maternity Benefit Act, 1961
The Maternity Benefit Act, 1961 was introduced to ensure that women are not forced to choose between their health and their careers during maternity. It is a protective legislation designed to uphold women’s health, financial security, and employment rights. The core objectives include:
Applicability of the Act in Telangana
The Maternity Benefit Act, 1961 and the Telangana-specific Rules apply to:
Compliances under Telangana Maternity Benefits Rules in Accordance with the Maternity Benefit Act
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 is likely to interfere with her pregnancy or normal development of foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health during prescribed period. (Section 4(3) & (4))
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. (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))
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.
Payment of maternity benefit in certain cases (Section 5B)
Every woman:
c)who fulfils conditions of section 5(2),
shall be entitled to maternity benefits.
Employment of women workers in factories immediately after delivery prohibited (Rule 3)
No owner of factory shall knowingly employ woman worker in his factory during four weeks following her delivery; and owner of a factory who is liable under this Act for the maternity benefit of such women shall not after delivery employ such women during six weeks including the day of delivery.
Rights of woman worker (Rule 4)
A woman worker shall, in spite of her absence, be entitled to receive from the owner of factory maternity benefit at rate of 12 annas a day for days of absence during a min. period of 6 weeks immediately preceding day of her confinement & during 6 weeks following confinement including day of delivery.
Claim for maternity benefit and procedure regarding its payment (Section 6, Rule 5)
Woman worker entitled to maternity benefit shall give to the owner of the factory a notice in writing that she expects to be confined within a month from date of notice and stating as to whom he should pay her maternity benefit.
Payment of maternity benefit in case of death of a woman (Section 7, Rule 6)
If a woman worker dies within the period during which she was entitled to receive the maternity benefit, the owner of the factory shall pay the maternity benefit due to the person whom the woman had nominated in the notice referred to in sub-section (1) of section 5 and if no one was so nominated, to the person under whose care the newly born child may be, and otherwise to the husband of the woman; and when there is no husband, to her eldest child provided the owner of the factory has knowledge thereof. In case he does not know and in the absence of the husband and also the children, the amount due shall be paid to the legal representative of the deceased determined in accordance with the rules made by the Government in this behalf.
Payment of Leave for miscarriage (Section 9)
In case of miscarriage or medical termination of pregnancy, 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 six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.
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.
Payment of Leave with wages for illness arising out of pregnancy, delivery, premature birth of child or miscarriage (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.
Break for nursing child (Section 11)
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.
Creche facility (Section 11A)
Every establishment having fifty or more employees shall have the facility of creche within such distance as prescribed, either separately or along with common facilities. The employer shall allow four visits a day to the creche by the woman, which shall also include the interval for rest allowed.
Intimation to employees about Maternity Benefits
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. (Section 11A(2))
Notice of dismissal to woman worker prohibited (Section 12, Rule 7)
When a woman worker absents herself on the grounds that she expects delivery or that her delivery has taken place, the owner of the factory liable for her maternity benefit shall not be authorised to dismiss her during such absence.
Dismissal during absence of pregnancy
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))
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.
Forfeiture of maternity benefit (Section 18, Rule 8)
If a woman worker works, after giving notice to the owner of the factory and filing declaration under section 5, her claim to receive maternity benefit will stand forfeited.
Abstract (Section 19, Rule 13)
An abstract of the provisions of this Act and of the rules made thereunder shall be exhibited in the local vernaculars in a conspicuous place by the employer in every part of the factory in which women are employed.
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.
Filing of Annual Return or common periodical return (Telangana Return & Integrated Register by Establishment Order, Dt 2 Mar 2019)
Annual Return i.e. common periodical return under all covered labour laws is to be filed in Form – I for the financial year ending on 31st March, and furnished to the Inspector, on or before 30th April of every succeeding year, either in physical form, CD or email.
Penalties & Punishments
Section 21: For contravention of the provisions of the Act/ rules, employer shall be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
Rule 9: If an owner of a factory contravenes the provisions of this Act he shall be liable to a fine which may extend to two hundred and fifty rupees.
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