Compliance requirements under the Rules in accordance with the Act

1. Form A: Muster Roll in Gujarat (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 particulars of all women workers in the establishment. All entries must be in ink, updated regularly, and available for inspection during working hours.

2. Method and Time of Payment of Maternity Benefit in Gujarat (Rule 6(1), 6(2))

Payment of maternity benefit and any other amount due under the Act shall be made by the employer to the woman concerned or her nominee/legal representative. A receipt must be obtained by the employer in Form F from the person receiving payment.

3. Payment of Maternity Medical Bonus in Gujarat (Rule 6(3))

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

4. Payment of Maternity Benefit in Case of Death of a Woman (Section 7, Rule 6(4))

If a woman entitled to maternity benefit dies before receiving it, payment shall be made to her nominee or, if none, to her legal representative. Such payment must be made within two months of her death.

5. Payment of Leave with Wages for Miscarriage in Gujarat (Section 9, Rule 6(5))

In case of miscarriage or medical termination of pregnancy, a woman shall be entitled to six weeks’ leave with wages at the rate of maternity benefit, on production of proof in Form C or Form E.

6. Payment of Leave with Wages for Illness Arising out of Pregnancy, Delivery, etc. (Section 10, Rule 6(6))

A woman suffering from illness arising out of pregnancy, delivery, miscarriage, medical termination of pregnancy, premature birth of child, or tubectomy operation shall be entitled to up to one month’s leave with wages, on production of proof in Form C. Wages must be paid within 48 hours of expiry of the leave period.

7. Break for Nursing Child in Gujarat (Section 11, Rule 7)

Every woman delivered of a child who returns to duty shall be allowed two breaks of the prescribed duration daily for nursing the child until the child is 15 months old.

8. Supply of Specified Forms to Women Employees in Gujarat (Rule 13)
   The employer must supply, free of cost, copies of prescribed forms (Form B to I) to every woman on request.
9. Preservation of Records in Gujarat (Rule 14)

Records kept under the Act and Rules must be preserved for two years from their preparation.

10. Intimation to Employees about Maternity Benefits in Gujarat (Section 11A(2))

Every female employee must be informed in writing or electronically at the time of appointment regarding all maternity benefits available under the Act.

11. Prohibition of Employment of Women during Certain Periods in Gujarat (Section 4(1), (2))
    No employer shall knowingly employ a woman, and no woman shall work, during six weeks immediately following her delivery, miscarriage, or medical termination of pregnancy.
12. Right to Payment of Maternity Benefit in Gujarat (Section 5(1))

Every woman is entitled to maternity benefit at the rate of her average daily wage for her absence during the period before delivery, the actual day of delivery, and the period immediately after.

13. Entitlement of Maternity Benefit in Gujarat (Section 5(2))

A woman must have worked at least 80 days in the 12 months preceding expected delivery to qualify for maternity benefit. For this purpose, days of lay-off or statutory holidays with wages are also counted.

14. Period of Entitlement of Maternity Benefit in Gujarat (Section 5(3))

The maximum entitlement is 26 weeks, of which up to 8 weeks can precede delivery. For women with two or more surviving children, entitlement is 12 weeks (6 weeks pre-delivery). In case of death of the woman or child, payment is restricted accordingly.

15. Maternity Benefit in Case of Adoption or Commissioning Mother in Gujarat (Section 5(4))

A woman legally adopting a child below 3 months of age or a commissioning mother is entitled to 12 weeks’ maternity benefit from the date the child is handed over.

16. Work from Home in Gujarat (Section 5(5))

If the nature of work permits, the employer may allow a woman to work from home after availing maternity benefit, on mutually agreed conditions.

17. Payment of Maternity Benefit in Gujarat (Section 6(4), (5))

Maternity benefit must be paid: (a) in advance for the period preceding expected delivery, and (b) within 48 hours of proof for the period after delivery.

18. Leave with Wages for Tubectomy Operation in Gujarat (Section 9A)
    A woman undergoing a tubectomy operation is entitled to two weeks’ leave with wages at the rate of maternity benefit, immediately following the operation.
19. Provision of Crèche Facility in Gujarat (Section 11A(1))

Establishments with 50 or more employees must provide a crèche facility within prescribed distance, either separately or along with common facilities. The woman is allowed four visits daily to the crèche, including rest intervals.

20. Dismissal during Absence on Account of Pregnancy in Gujarat (Section 12(1))
    When a woman is absent due to maternity benefit leave, the employer cannot dismiss her during or on account of such absence.
21. Deprivation of Maternity Benefit or Medical Bonus in Gujarat (Section 12(2))

Discharge or dismissal of a woman during pregnancy shall not deprive her of maternity benefit or medical bonus if otherwise entitled.

22. No Deduction of Wages in Certain Cases in Gujarat (Section 13)

No deduction shall be made from a woman’s normal daily wages for breaks allowed for nursing her child or for being assigned light work as per Section 4(3).

23. Forfeiture of Maternity Benefit in Gujarat (Section 18)

If a woman works in any establishment during the period for which she is permitted to be absent, she shall forfeit maternity benefit for that period.

24. Display of Abstract of Act and Rules in Gujarat (Section 19)

An abstract of the Act and Rules must be displayed in a conspicuous place in the local language in every establishment where women are employed.

25. Maintenance of Registers in Gujarat (Section 20)

Every employer must prepare and maintain prescribed registers, records, and muster rolls.

26. Continuance of Payment of Maternity Benefit in Certain Cases in Gujarat (Section 5A)

A woman entitled to maternity benefit under the Act shall continue to receive it even if the ESI Act applies, until she qualifies for maternity benefit under Section 50 of the ESI Act.

27. Payment of Maternity Benefit in Certain Cases in Gujarat (Section 5B)

A woman employed in a factory/establishment covered under ESI, earning above the wage ceiling for ESI maternity benefits but fulfilling conditions under Section 5(2), shall be entitled to maternity benefit under this Act.