The document summarizes key provisions of the Medical Maternity Benefit Act of 1961 in India. It outlines a woman's right to receive maternity benefits, including payment for the period of absence from work due to delivery and the following six weeks, as long as she has worked for her employer for at least 160 days in the previous 12 months. It also covers provisions for payment of benefits in case of a woman's death, medical bonus, leave for miscarriage or illness arising from pregnancy/delivery, nursing breaks, protections against dismissal during pregnancy-related absence, and prohibitions against deducting wages in certain situations.
The document summarizes key provisions of the Medical Maternity Benefit Act of 1961 in India. It outlines a woman's right to receive maternity benefits, including payment for the period of absence from work due to delivery and the following six weeks, as long as she has worked for her employer for at least 160 days in the previous 12 months. It also covers provisions for payment of benefits in case of a woman's death, medical bonus, leave for miscarriage or illness arising from pregnancy/delivery, nursing breaks, protections against dismissal during pregnancy-related absence, and prohibitions against deducting wages in certain situations.
The document summarizes key provisions of the Medical Maternity Benefit Act of 1961 in India. It outlines a woman's right to receive maternity benefits, including payment for the period of absence from work due to delivery and the following six weeks, as long as she has worked for her employer for at least 160 days in the previous 12 months. It also covers provisions for payment of benefits in case of a woman's death, medical bonus, leave for miscarriage or illness arising from pregnancy/delivery, nursing breaks, protections against dismissal during pregnancy-related absence, and prohibitions against deducting wages in certain situations.
The document summarizes key provisions of the Medical Maternity Benefit Act of 1961 in India. It outlines a woman's right to receive maternity benefits, including payment for the period of absence from work due to delivery and the following six weeks, as long as she has worked for her employer for at least 160 days in the previous 12 months. It also covers provisions for payment of benefits in case of a woman's death, medical bonus, leave for miscarriage or illness arising from pregnancy/delivery, nursing breaks, protections against dismissal during pregnancy-related absence, and prohibitions against deducting wages in certain situations.
Evolution of the Law on Workplace Sexual Harassment
• Sec.5. Right to payment of maternity benefit. -- (1)
Subject to the provisions of this Act, 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 immediately preceding and including the day of her delivery and for the six weeks immediately following that day. • (2) No woman shall be entited 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 one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery: Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration. Origin
Under the relevant regulation of Air India Corporation (AIC) Act and Indian Airlines Corporation (IAC) Act, there was a discrimination made between the conditions of retirement and termination of service pertaining to air hostesses (AH) and those of male pursers (MP) forming part of the same cabin crew and performing similar duties. These conditions were that an AH under AIC retired from service:
(1) On attaining the age of 35 years, or
(2) On marriage, if it took place within four years of service, or (3) On first pregnancy. Fact in Issue: Whether this amounts to violation of Article 14 (right to equality) and Article 15 and 16 (no discrimination on basis of gender) of the Constitution? Held: Stating that it is settled law that article 14 strikes at arbitrariness in state action and that the principle of reasonableness “pervades Article 14 like a brooding omnipresence”, the court examined all the three conditions separately. What article 15 (1) and 16 (2) prohibit is that the discrimination should not be made only and only on the ground of gender. Discrimination on the basis of gender coupled with other considerations is not Sec. 7. Payment or maternity benefit in case of death of a woman. - Sec. 8. Payment of medical bonus. Sec .9. Leave for miscarriage. Sec .10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage. Sec .11. Nursing breaks. Sec .12. Dismissal during absence or pregnancy. Sec.13. No deduction of wages in certain cases.