Compliance Requirements under the Rules in Accordance with the Code

1. Forfeiture of Maternity Benefit in UP (Section 70)

A woman who works for remuneration during her maternity leave will not be entitled to receive maternity benefits for that period.

2. Continuance of payment of maternity benefit in certain cases in U.P. (Section 61)

Every woman entitled to the payment of maternity benefit under this Chapter, shall, notwithstanding the application of Chapter IV (ESIC) to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 32

3. Employment Prohibition for Women 6 Weeks Post-Delivery, Miscarriage, or Pregnancy Termination in U.P. (Section 59(1)(2))

Employers must not employ women, and women must not work, in any establishment during the six weeks immediately following their delivery, miscarriage, or medical termination of pregnancy.

4. Pregnant woman not to do work of an arduous nature during specified period in U.P. (Section 59(3),(4))

No pregnant woman shall be required to do arduous work, long-standing tasks, or any work likely to harm her pregnancy or health during: (a) The month before the six weeks preceding her expected delivery date. (b) Any time within these six weeks if she does not take leave under section 62.

Any work of arduous nature” shall mean any work which involve or require strenuous effort or is difficult and tiring in nature.

5. Prohibition of deduction of wages of women employees in certain cases in U.P.(Section 69)

A woman entitled to maternity benefits will not have any deductions from her normal daily wages due to: (a) the type of work assigned to her under section 59, or (b) breaks taken for nursing her child as allowed under section 66.

6. Right to payment of maternity benefit in U.P.(Section 60(1),(2))

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, and any period immediately following that day.

1) The average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, subject to the minimum rate of wage fixed or revised under the Code on Wages, 2019

2) 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

7. Period of entitlement of maternity benefit in UP(Section 60(3))

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.

1) 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.

2) 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

3) 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

8. Maternity benefit in case of adoption/ commissioning mother in U.P.(Section 60(4))

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

9. Maternity Benefit in case of work from home by women employee in U.P.(Section 60(5))

In case the 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.