The Indian Constitution mandates gender equality in the workplace, but it is not practically implemented because the majority of women are obliged to leave their occupations in order to have children and take care of them before and after birth. To remedy this issue, the government passed the Maternity Benefit Act, which every employer is required to abide by. However, many firms face retaliatory actions if they do not adhere to this Act’s requirements. This article describes employer compliance under the Maternity Benefit Act to assist employers in comprehending the appropriate compliance criteria and avoiding any fines resulting from non-compliance.
During pregnancy or after giving birth, a woman is entitled to benefits from her work. The Maternity Benefit Act governs the provisions about maternity benefits, which include paid leave, medical bonuses, and nursing breaks. Every employer is required to abide by the rules set forth in this Act. In the first six weeks following a woman’s delivery, the employer is not permitted to hire any women in the establishment, and no women are permitted to work in any establishment during this time. A pregnant woman is allowed to take 26 weeks of maternity leave. In the case of miscarriage & termination of pregnancy, a woman can take up to 6 weeks of leave, but she has to show proof of miscarriage, and the leave period starts from the miscarriage date.
The Maternity Benefit Amendment Act went into effect on April 3, 2017, in order to encourage women’s labor force participation, maintain a work-life balance in the organizational sector, and protect the employment of expectant mothers. The following are the major employer compliance requirements under the amended Act:
There are 2 ways to apply for maternity leave, which are:
The Maternity Benefit Act applies to women employed in both public and private sector organizations, including private companies, government jobs, mines, plantations, factories, and organizations with a workforce of 10 or more employees. However, it does not extend to women working in organizations with less than 10 employees or self-employed women. To be eligible for maternity leave under the Act, a woman must have worked with the employer for a minimum of 80 days within the 12 months leading up to her expected delivery date.
The employer’s adherence to the payment of maternity benefits is re-enlisted below:
Penalty for interference in the work of Inspector
Any person who refuses to produce the required record of registers and prevents or conceals any person from appearing or being examined by the inspector will face imprisonment for up to three months, a fine of up to five hundred rupees, or both.
Penalty for employers who violate the Act
In the event that the employer violates the provisions of the Act, he may be sentenced to imprisonment for up to three months, a fine of 500 rupees, or both. If there is a violation involving benefits, their payment, or any other payment related to the same, and the amount has not already been recovered, the court has the authority to recover the amount of such maternity benefits or the amount as a fine and pay it to the entitled person.
Employer compliance under the Maternity Benefit Act can benefit both the employer and the working women by assisting the employer in avoiding the risks and penalties associated with non-compliance, as well as providing job security and work-life balance for pregnant working women. Work from home, creche facilities, payment of maternity benefits, leaves, and other relevant provisions aid in the development of a solid culture for individuals in society.
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