ASSIGNMENT ON

Maternity benefit
Course Title: LABOUR AND INDUSTRIAL LAW
Course Code: LAW 222
Trimester: Summer 2020

Submitted by: Submitted to:

Proshad Biswas Md. Shafiqul Islam

ID-19100060 Lecturer,
Department of Law & Human Rights,
Department of Law & Human Rights
Batch: 15th
Ranada Prasad Shaha University.
Ranada Prasad Shaha University.

Date of Submission 20th September 2020

Letter of Contents
No Topic Page
 03
Maternity Benefit
Introduction
1 03
Prohibition of engagement of women worker in certain cases
2 03
Right and liability for its payment
3 04
Procedure regarding payment of maternity benefit
4 04-05
Amount of maternity benefit.
5 06
Payment period
6 06
Payment of maternity benefit in case of death of a woman
7 07
Termination of employment of a woman in certain cases
8 07
Conclusion
9 07

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 Maternity Benefit
Introduction: Maternity leave means the period of paid absence from work.
Maternity leave may be termed as a period of approved absence for a female
worker granted for the purpose of giving birth and taking care of newborn child.
Usually the term maternity benefit is applied in case of working women. It
indicates the payment made to a woman for giving birth of a child. All sorts of
costs associated with maternity care maybe treated as maternity benefit. The
maternity benefit of working woman is a privilege not a right.

Prohibition of engagement of women worker in certain cases

1. No employer shall knowingly engage a woman in his establishment

during the 8 (eight) weeks immediately following the day of her delivery.
2. No woman shall work in any establishment during the 8 (eight) weeks
immediately following the day of her delivery.
3. No employer shall employ any woman for doing any work which is of an
arduous nature or which involves long hours of standing or which is
likely to adversely affect her health, if_
a. he has reason to believe or if the woman has informed him that
she is likely to deliver a child within 10 (ten) weeks;
b. to the knowledge of the employer the woman has delivered a
child within the preceding 10 (ten) weeks: Provided that in the
case of tea plantation worker, a woman worker may do work of
a light nature if and for so long as the medical practitioner of
the concerned tea estate certifies that she is physically fit to do
so; and, for the days that she does such work, she shall be paid
for such work wages at the rate prescribed under the existing

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 law, and such wages shall be payable in addition to the
maternity benefit.

Right and liability for its payment

1. Every woman worker shall be entitled to maternity benefit from her

employer for the period of 8 (eight) weeks1 preceding the expected day
of her delivery and 8 (eight) weeks immediately following the day of her
delivery, and her employer shall be bound to give her this benefit:_

Provided that a woman shall not be entitled to such benefit unless she has
worked under her employer for a period of not less than 6 (six) months
immediately preceding the day of her delivery.

2. No such benefit shall be payable to a woman if at the time of her delivery

she has 2 (two) or more surviving children, but in that case she may enjoy
any leave which is due to her.

Procedure regarding payment of maternity benefit.

1. If a pregnant woman is entitled to maternity benefit under this Act, she

shall, on any day, give notice either orally or in writing to her employer
that she expects to be confined within 8 (eight) weeks next following
and the name of the person who shall receive the payment of the benefit
in case of her death shall also be included in the notice.
2. If a woman has not given any such notice, she shall inform her
employer about her giving birth to a child by giving such notice within 7
(seven) days of her giving birth to child.
3. After receipt of a notice under sub-section (1) or (2), the employer shall
permit the concerned woman to absent herself from work_
i. in the case of a notice under sub-section (1), from the day
following the date of notice;

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 ii. in the case of a notice under sub-section 2 from the day of
delivery until 8 (eight) weeks after the day of delivery.
4. An employer shall pay maternity benefit to a woman in any of the
following ways as that woman may desire, namely:
I. where a certificate from a registered medical practitioner is
produced stating that the woman is expected to be confined
within 8 (eight) weeks the maternity benefit payable for 8 (eight)
weeks preceding delivery shall be paid within 3 (three) working
days following the production of the certificate, and such benefit
payable for the remaining period shall be paid within 3 (three)
working days of the production of proof that she has given birth
to a child; or
II. maternity benefit payable for 8 (eight) weeks preceding and
including the date of delivery shall be paid within 3 (three)
working days following the production of proof to the employer
that she has given birth to a child, and such benefit payable for
the remaining period shall be paid within 8 (eight) weeks
following the production of such proof; or
III. maternity benefit payable for the whole of such period shall be
paid within three working days following the production of
proof that she has given birth to a child:

Provided that a woman shall not be entitled to any maternity benefit or any part
thereof, the payment of which is dependent upon the production of proof under
this sub-section that she has given birth to a child, unless such proof is produced
within 3 (three) months of the day of her delivery.

5. The proof which is required to be produced under sub-section (4) shall

be either an attested extract from a birth register maintained under the
Births and Deaths Registration Act, 2004 (Act No. XXIX of 2004) or a

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 certificate given by a registered medical practitioner or such other proof
as may be acceptable to the employer.

Amount of maternity benefit.

1) The maternity benefit which is payable under this Act shall be paid at the
rate of daily, weekly or monthly average wages, as the case may be,
calculated in the manner laid down in sub-section (2), and such payment
shall be made wholly in cash.
2) For the purpose of sub-section (1), the daily, weekly or monthly average
wages shall be calculated by dividing the total wages earned by the
concerned woman during 3 (three) months immediately preceding the
date on which she gives notice under this Chapter by the number of days
she actually worked during that period.

Payment period

The maternity leave policy for women in Bangladesh is 16 weeks with full
payment. However recently the Government has declared that it should be
increased to 6 months.

a. The Law on maternity benefit in Bangladesh is regulated by the

Bangladesh Labour Act, 2006 under chapter IV called Maternity
Benefit.
b. Before the enactment of the Bangladesh Labour Act, 2006 there
were three distinct Acts relating to maternity benefits for women
for a specific period before and after the birth of child and for the
payment during that period. The Acts were The Maternity Benefit
Act 1939, The Mines Maternity Benefit Act 1941 and The
Maternity Benefit (Tea Estate) Act 1950. All these Acts have been
repealed and amalgamated in the new Labour Code 2006.

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 Payment of maternity benefit in case of death of a woman.

1. If a woman entitled to maternity benefit under this Chapter dies at the

time of her delivery or during 8 (eight) weeks following thereof, the
employer shall pay the amount of maternity benefit, if the newly born
child survives, to the person who takes care of the child, and if the child
does not survive to the person nominated by her under this Chapter, or if
there is no such nominee, to her legal representative.
2. If a woman dies during the period for which she is entitled to maternity
benefit but before giving birth to a child, the employer shall be liable to
pay such benefit for the period preceding and including the day of her
death, provided that if any such benefit already paid to her exceeds the
amount of such benefit now payable shall not be recoverable, and if any
amount in this regard is due to the employer till the time of death of the
woman, he shall pay it to the nominee of the woman under this Chapter,
or if there is no nominee, to her legal representative.

Restrictions on termination of employment of a woman in certain cases.

If any notice or order of discharge, dismissal, removal or otherwise

termination of employment is given by the employer to a woman worker
within a period of 6 (six) months before and 8 (eight) weeks after her
delivery and such notice or order is given without sufficient cause, she shall
not be deprived of any maternity benefit to which she would be entitled
under this Chapter if such notice or order has not been given.

Conclusion

A mother is a mother. It is immaterial for an infant whether its mother comes

within the definition of worker or not. Needs of a mother do not vary by the

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 types of works she does. Proper implementation of the existing laws and
increase of facilities for private sector working women must be ensured by
the government. Maternity benefits should no longer be treated as a privilege
but a right of women.

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