Compliances Under Maharashtra Maternity Benefit Rules, 1965 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)

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 under section 50 of that Act.
4. 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 (excluding remuneration for overtime) for a month exceed amount specified in sub-clause (b) of clause (9) of Section 2 of that Act, and

(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 read with Rule-3)
   Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in Form 1, 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 that she will not work in any establishment during the period for which she receives maternity benefit.
6. Proof of pregnancy death, etc. (Rule-5)

The production of certificate in Form 2 from a registered medical practitioner certifying pregnancy, delivery, miscarriage/illness due to pregnancy, delivery, premature birth/miscarriage of woman shall, for the purpose of Act and rules, be proof of such pregnancy, delivery, miscarriage or illness. (Rule-5(1))

Production of certificate in Form 4 from registered medical practitioner/certified extract from register of deaths maintained under any law for time being in force, relating to registration of deaths certifying death of a woman or a child shall, for the purposes of Act and rules, be proof of death. (Rule 5(2))

7. 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.
8. Payment of medical bonus (Section-8 read with Rule-4(1))
   The medical bonus payable to a woman under section 8 shall be paid along with the amount of maternity benefit payable in respect of the period of six weeks immediately following the date of her delivery.
9. Payment of Leave for miscarriage (Section-9 read with Rule-4(2))
   In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as 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. Such wages shall be paid within forty-eight hours of production of proof of such miscarriage.
10. 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.

11. Payment of Leave with wages for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage (Section-10 read with Rule-4(2))
    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 production of proof of illness.
12. Nursing breaks (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.

13. 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.

14. 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))

15. 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.

16. Supply of forms (Rule-13)

Every employer shall, on an application made by a woman, supply her with copies of any of the form other than Form 9, 10 and 11.

17. Records (Rule-16)

All records kept as required by the provisions of the Act and these rules shall be preserved for a period of three years commencing from the date of the last entry made therein.

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 11)
    The abstracts of the provisions of the Act and the rules made thereunder to be exhibited under section 19 shall be in Form 9.
20. Register, etc. (Section-20 read with Rule-12)

Every employer of a establishment/factory wherein women are employed shall prepare and maintain up-to-date a maternity benefit register in Form 10.

21. 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.

22. Return (Rule-15)

Every employer shall furnish to the Competent Authority by the 15th day of January each year a return in Form 11.