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 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. 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))

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. Proof (Rule-4)

A woman is pregnant or has delivered child/ has undergone miscarriage or suffering from illness out of pregnancy/delivery/premature birth of child/miscarriage shall be proved by the production of certificate in Form B

Fact of death of a woman or a child may be proved by production of a certificate to that effect in Form C from a Medical Officer of Hospital or from Registered Medical Practitioner or by the production of a certified extract form a death register maintained under the provisions of any law in force (Rule 4(4))

4. Notice of claim for maternity benefit and payment thereof (Section 6) (Rule-5)
   Woman entitled to maternity benefit may give notice in Form E to employer stating that maternity benefit & any amount to which she may be entitled hereunder may be paid to her/ person as she may nominate in notice and that she will not work in any est. during period she receives maternity benefit.
5. Method and time of payment (Rule 5(5))

The Medical bonus shall be paid along with the second instalment of the maternity benefits.

6. Payment of maternity benefit in case of death of a woman (Section 7) (Rule 5(6))
   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.
7. Payment of Leave for miscarriage (Section 9) (Rule 5(7))

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.

8. Payment of Leave with wages for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage (Section 10) (Rule 5(8))
   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
9. 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.
10. Payment of maternity benefit in certain cases (Section 5B)
    Every woman:

a)who is employed in factory/establishment to which ESIC apply,
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 &

c)who fulfils conditions of section 5(2),

shall be entitled to maternity benefit

11. 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.

12. Break for nursing child (Section 11) (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 four breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

13. Crèche facility (Section 11A) (Rule 6A)

Every establishment having fifty or more employees shall have the facility of creche within 250 m from place of work, as per the norms specified. The employer shall allow four visits a day to the creche by the woman, which shall also include the interval for rest allowed (as per Mat. Act 1961)

Creche shall be provided with one cradle for every 30 women workers employed in establishment subject to minimum 6 cradles

14. 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
15. Supply of forms (Rule-12)

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

16. 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.

17. Annual Returns (Rule-16)

Employer of every est. shall on or before 31st January each year submit to the Competent Authority a return in Forms L, M, N and O giving information in respect of the preceding year

18. 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))

19. 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

20. 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.

21. Abstract (Section 19) (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 at or near the main entrance to the establishment.

22. 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

Muster Roll (Section 20) (Rule-3)

The employer of every establishment 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 establishment