Maternity Benefit Act, 1961 - Leave for illness arising out of pregnancy, delivery, premature birth of child

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1 [9. Leave for miscarriage,.-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].

2[9A. Leave with wages for tubectomy operation.-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, 3[miscarriage, medical termination of pregnancy or tubectomy operation].-A woman suffering from illness arising out of pregnancy, delivery; premature birth of child 4 [ 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. Nursing breaks.-Every woman delivered of a child who returns to duty after such 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.

12. Dismissal during absence of pregnancy.-(1) 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.

(2)(a) 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.

4[(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.]

(c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1).

13. No deduction of wages in certain cases.-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.

 

   

 

   

   

Subs. by Act 61 of 1988, sec.7 (w.e.f.10-1-1989).

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mahakmannu 

is there any provision of maternity leaves for the mother [working in state government sector] who wish to adopt a new born baby?

GovtjobsinOdosha 

Sir Iam preparing for the Government jobs in odisha please update about Govt jobs in Odosha

Sudhakar2529 

Hi, my wife is working in an institute from last 5 years. She is 3 months pregnant on inquiring with their HR, they told that she has to resign serving 3 months notice period forget about the maternity benefits. Please let me know should I complain about this to the Inspector now or should I wait till the delivery happen. Please suggest.

rashmi25913 

I am 8 months pregnant and getting a chance to be employed as a government teacher.In this case I won't be able to work more than 20 or 25 days.If i go on maternity leave will I get the benefits or the state government will terminate me?

DS_2508 

I am 2 months pregnant and not keeping well. Can i take a month leave in the third month and then continue the job? Please suggest.

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