Compliances Under Jammu and Kashmir Maternity Benefit Rules, 1974 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 ardous 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. 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))

3. 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.
4. Payment of maternity benefit in certain cases (Section 5B)

Every woman:

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

shall be entitled to maternity benefit

5. Notice of claim for maternity benefit and payment thereof (Section 6 (4) & (5))
   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.
6. Payment of maternity benefit in case of death of a woman (Section 7)
   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.
7. Payment of medical bonus (Section 8 (1))

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.

8. Leave for miscarriage, etc. (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.

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

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.

10. 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.

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

Every establishment having fifty or more employees shall have the facility of crèche 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 creche 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. 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))

14. 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

15. Muster Rolls (Rule-3)

The employer of every establishment other than a seasonal factory in which women are employed shall prepare and maintain in English or Hindi or Urdu a muster roll in Form “A” and shall enter the particulars prescribed therein in respect of women workers employed in the factory from whom notice of confinement is received under clause (1) of section 6

16. Method of Payment (Rule-6)

All payments against claims for benefit shall be made in cash, receipt thereof shall be taken and every such receipt shall, on demand produced before the Inspector.

17. Notice of confinement (Rule-7)

The notice required under section 6 shall be given in Forms B and C as may suitable in a particular case.

18. Return (Rule-9)

The Manager of every factory in which women are employed shall, furnish to the Chief Inspector of Factories by 15th day of January in each year a return in Form “D” for the previous year ending on the 31st December.

19. Preservation of Records (Rule-10)

Records relating to the payment of Maternity Benefit under the provisions of the Act or these rules shall be preserved for a period of two years from the date of their preparation.

20. Abstract (Rule-11)

The abstract of the provisions of the Act and these rules shall be in Form “E” and it shall be exhibited in English and Urdu, both languages.

21. Proof (Section 5, 9, 10) (Rule-13)

The fact that a women has been pregnant or miscarriage has taken place or is dead or is suffering from illness, arising out of pregnancy, delivery, premature birth of child shall be provided by the production either of a certificate to that effect from a qualified Medical Practitioner or certified copy of an extract from a birth and death register maintained under the provisions of any law as referred to in sections 5, 9 and 10 of the Act. The certificate shall be in Form “F”.

22. Nursing Breaks (Rule-14)

Every woman delivered of a child who returns to duty after such delivery shall in addition to the interval for rest allowed to her, will be allowed in the course of her daily work two breaks of each of half an hour duration for meeting the child in the forenoon and afternoon in each day as referred to in section 11 of the Act. The Manager of the concerned factory will intimate the number of such women workers and also periods of breaks allowed to such women employees which shall be in Form G.

23. 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.

24. 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