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Assignment 10

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25 views

Assignment 10

Uploaded by

Pavithra J
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Assignment 10

Exercise 1

1. Please select if the following are eligible for maternity benefit or not. Provide reasons for
your answer (with reference to statutory provisions).

a. Daisy and Sapna


Ans: Eligible, every woman is eligible to avail maternity benefit unless completed 80 days in a
year in an organisation.
b. Vaishali
Ans: Eligible
c. Shruti
Ans: Eligible As per section 27 of Maternity Benefit Act, 1961

2. What is the permitted quantum of leave and financial benefit payable?


Ans:
As per the Section 6 of the Maternity Benefit Act, 1961
(2) Women can take leave from the date earlier than six weeks from the date of her expected
delivery
(5) The amount of maternity benefit for the period preceding the date of her expected delivery
shall be paid in advance by the employer to the woman on production of such proof as may be
prescribed that the woman is pregnant, and the amount due for the subsequent period shall be
paid by the employer to the woman within forty-eight hours of production of such proof as may
be prescribed that the woman has been delivered of a child.
3. Daisy is pregnant and now intends to claim maternity benefit. How can she claim the same?
Ans:
As per the Section 6 of the Maternity Benefit Act, 1961
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will
be absent from work, not being a date earlier than six weeks from the date of her expected
delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as
soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the
establishment during the period for which she receives the maternity benefit

4. Can this be contractually waived? Justify with reasons.


Ans:
As per the Section 27 of the Maternity Benefit Act, 1961 cannot be waived.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith
contained in any other law or in the terms of any award, agreement or contract of service,
whether made before or after the coming into force of this Act.

5. The company has decided to enter into an arrangement with Daisy to work from home at
half her salary, after her delivery. Is this valid?

Ans:

All pregnant female employees are entitled to a maternity leave of 26 weeks for their first and
second child. Out of these, they can take up to 8 weeks of leave before the delivery of their child.
For the third or subsequent pregnancy, expecting mothers are eligible to take maternity leave of
12 weeks.

6. Assume that:
a. This is Sapna’s second child. Will she get the same benefits as for the first child?
Ans: Yes, female employees are entitled to a maternity leave of 26 weeks for their first and
second child
b. This is Sapna’s third child. Will she get the same benefits as for the first child?
Ans: No, female employees are entitled to a maternity leave of 12 weeks for their third and
subsequent pregnancy.
7. The organization is in high growth mode and although it has only 25 team members, it will
cross 100 in the next 10 months. Please advise the organization on when and how a creche
needs to be maintained.

Ans:

 Every establishment employing 50 or more employees is required to have a creche


facility. The Karnataka Creche Rules further state that the crèche facility shall be
provided to all employees irrespective of the type and nature of employment such as
permanent, temporary, regular, daily wage, contract etc
 The crèche facility shall be made available for the use of children below the age of six
years. This is consistent with the age prescribed under the Factories Act, 1948 (for
factory employers), the Building & Other Construction Workers Act (Regulation of
Employment and Conditions of Service) Act, 1996, the Mines Creche Rules, 1966
 Creche Rules stipulate that the crèche shall be located within the premises of the
establishment or within 500 meters from the entrance gate of the establishment
 The Karnataka Creche Rules stipulate that the creche shall be located within the
premises of the establishment or within 500 meters from the entrance gate of the
establishment. There shall be one creche for every thirty children
 The creche facility shall be operational at all times (both day and night) when the
mother or parents are working as per statutory norms
 Creche Rules also lay down the facilities and amenities that need to be made available at
the crèche facility including inter alia utensils, safe and portable drinking water, supply
of clean towels and soap, equipments such as cradles/cots, blankets, toys/play materials,
child friendly furniture, medicine and first aid kit, supply of milk and refreshments etc
 It is mandate that every child be medically examined before admission to the crèche.
Monthly check-ups at a frequency of two months shall also be conducted and the
records of such periodical check-ups shall be maintained at the creche.

8. What will be the consequences if the Employer at DF Sports League Private Limited refuses
to give a Woman appropriate leave as per the Maternity Benefit Act,1961?

Ans:

If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act
or discharges or dismisses such woman during or on account of her absence from work in
accordance with the provisions of this Act, he shall be punishable with imprisonment which
shall not be less than three months but which may extend to one year and with fine which shall
not be less than two thousand rupees but which may extend to five thousand rupees.

9. If the CEO of the company employs people on a consultant-basis, will the requirements
under this Act still be applicable?

Ans: Yes, As per the Section 2 of the Maternity Benefit Act, 1961

(a) to every establishment being a factory, mine or plantation including any such establishment
belonging to Government and to every establishment wherein persons are employed for the
exhibition of equestrian, acrobatic and other performances.

10. Would the employees covered under the Employee State Insurance Act, 1948 get maternity
benefit? How does that connect with the Maternity Benefit Act, 1961?

Ans: As per the Sections 5-A and 5-B of the Maternity Benefit Act, 1961.

5A. Continuance of payment of maternity benefit in certain cases. —Every woman entitled to
the payment of maternity benefit under this Act shall, notwithstanding the application of the
Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in
which she is employed, continue to be so entitled until she becomes qualified to claim maternity
benefit under section 50 of that Act.]

[5B. Payment of maternity benefit in certain cases. —Every woman—


(a) who is employed in a factory or other establishment to which the provisions of the
Employees’ State Insurance Act, 1948 (34 of 1948), apply.
(b) whose wages (excluding remuneration for overtime work) for a month exceed the amount
specified in sub-clause (b) of clause (9) of section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of section 5, shall be entitled to the
payment of maternity benefit under this Act.]

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