Form XIV

[See rule 40(4)]

(Abstract for the Maternity Benefit, and the rules made under the Code on Social Security,

2020).

1. No employer shall knowingly employ a woman during the six weeks immediately following

the day of her delivery/miscarriage/Medical termination of pregnancy and no woman shall work in

any establishment during the said period.

2. No pregnant woman shall, on a request being made by her in this behalf, be required by her

employer to do during the period of one month immediately preceding the period of six weeks before

the date of her expected delivery and also for any period during this period of six weeks for which she

does not avail of leave of absence, any work which is of an arduous nature or which involves long

hours of standing, or which in way is likely to interfere with her pregnancy or the normal development

of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

3. (a) Subject to the provisions of the Code, every woman who has actually worked in an

establishment of the employer from whom she claims maternity benefit for a period of not less than

eighty days, including the days during which she was laid off, shall be entitled to, and her employer

shall be liable for, the payment of maternity benefit at the rate of her average daily wages, or the

minimum rate of wage fixed or revised under the Code on Wages, 2019 (29 of 2019) or two hundred

rupees a day, whichever is higher, for the period of her actual absence not exceeding six weeks

immediately preceding the day of delivery and the remaining period immediately following that day:

Provided that where a woman dies during the period for which maternity benefit is payable,

to her, the benefit shall be payable only for the days up to and including the day of her death.

However, where the woman having been delivered of a child, dies during her delivery or during the

remaining period of maternity benefit leaving behind in either case the child, the employer shall be

liable for the payment of maternity benefit for the entire period of maternity benefit following the day

of her delivery but if the child also dies during the said period, then, for the days up to and including

the day of the death of the child.

(b)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 a certificate in Form-X stating that

she is pregnant and is expected to be delivered of a child within six weeks of the date of production of

the certificate, and the amount due for the subsequent period shall be paid by the employer to the

woman within forty-eight hours of production of the certificate in Form-X stating that she has been

delivered of a child or production of a certified extract from a Birth Register maintained under the

provisions of any law for the time being in force.

4. (a) Any woman employed in an establishment and entitled to maternity benefit under the

provisions of the Code may give notice in writing in Form-XI to her employer, stating that her

maternity benefit and any other amount to which she may be entitled under the Code may be paid to

her or to such person as she may nominate in the notice and that she will not work in any

establishment during the period for which she receives maternity benefit.

(b) 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.

(c) Any woman who has not given the notice when she was pregnant may give such notice as

soon as possible after the delivery.

(d) On receipt of the notice, the employer shall permit such woman to absent herself from

establishment until the expiry of the remaining period of maternity benefit after the day of her

delivery.

5. (a)Every woman entitled to maternity benefit under the Code shall also be entitled to receive

from her employer a medical bonus of rupees three thousand and five hundred, if no pre-natal,

confinement and post-natal care is provided for by the employer free of charge. The medical bonus

shall be paid along with the second installment of the maternity benefit.

(b)In case of miscarriage/medical termination of pregnancy, a woman shall, on production of a

certificate in Form-X 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. The wages shall be paid within 48 hours

of production of the certificate in Form-X.

(c)A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or

miscarriage/ medical termination of pregnancy or tubectomy operation shall, on production of a

certificate in Form-X, be entitled, in addition to the period of absence allowed to her on account of

maternity or miscarriage/ medical termination of pregnancy or tubectomy operation, as the case may

be, to leave with wages at the rate of maternity benefit for a maximum period of one month. The

wages for the leave period shall be paid within 48 hours of the expiry of that period.

6. 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 15 minutes'

duration for nursing the child until the child attains the age of fifteen months. An extra sufficient

period, depending upon the distance to be covered, shall be allowed for the purpose of the journey to

and from the creche or the place where the children are left by women while on duty, provided that

such extra period shall be upto 15 minutes.

7. (1) When a woman absents herself from work in accordance with the provisions of the Code,

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

which discharge or dismissal would have been entitled to maternity benefit or medical bonus shall not

have the effect of depriving her of the maternity benefit or medical bonus:

Provided that where the dismissal is for one or more of the following acts, the employer may,

by order in writing communicate to the woman, deprive her of the maternity benefit or medical bonus

or both-

(i) wilful destruction of employer's goods or property;

(ii) assaulting any superior or co-employee at the place of work;

(iii) criminal offence involving moral turpitude resulting in conviction in a Court of law;

(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and

(v) wilful non-observance of safety measures or rules on the subject or wilful interference with

safety devices or with fire-fighting equipment.

(b) Any woman deprived of maternity benefit or medical bonus or both, may within sixty days

from the date on which the order of such deprivation is communicated to her, appeal in Form-XII to

the Competent Authority and his decision on such appeal whether the woman should or should not be

deprived of maternity benefit or medical bonus or both, shall be final.

8. If a woman works in any establishment after she has been permitted by her employer to absent

herself under the provisions of the Code, she shall forfeit her claim to the maternity benefit for such

period.

9. (1) Any woman claiming the maternity benefit or any other amount to which she is entitled

under the Code and any person claiming that payment due has been improperly withheld may make

complaint to the Inspector-cum-Facilitators in writing in Form-XIII-A.

(2)The Inspector-cum-Facilitators may, on his own motion or on receipt of a complaint in Form-

XIII-A, make an inquiry or cause an enquiry to be made and if satisfied that payment has been

wrongfully withheld, may direct the payment to be made in accordance with his orders.

(3) Any person aggrieved by the decision of the Inspector-cum-Facilitator may, within, thirty days

from the date on which such decision is communicated to such person, appeal in Form-XIII-B to the

Authority prescribed by the appropriate Government.

(4)The decision of Authority where an appeal has been preferred to him or of the Inspector-cum-

Facilitator where no such appeal has been preferred, shall be final.

10. (a)The employer shall supply to every woman employed by him at her request free of cost

copies of Forms X, XI, XII, XIII-A and XIII-B.

(b)The failure to submit a notice, appeal or complaint in the prescribed form shall not affect the right

of a woman entitled to receive maternity benefit or any other amount due under the Code. Where a

notice, appeal or complaint has been received in a form other than the prescribed form, the authority

concerned shall within fifteen days of the receipt of such notice, appeal or complaint, require the

woman to submit the notice, appeal or complaint, as the case may be in the prescribed form.

11. (a) (1) The employer of the establishment in which women are employed shall prepare and

maintain a register of women employees in Form-XXII and shall enter therein particulars of all

women employees in the establishment.

(2) All entries in the register of women employees shall be made in ink and maintained up-to-date and

it shall always be available for inspection by the Inspector-cum-Facilitator during working hours.

(b)The employer to which the Code applies, on or before the 28th/29th day of February in each year,

upload a unified annual return in Form-XXIII online on the web portal of the Central Government in

the Ministry of Labour and Employment, giving information as to the particulars specified, in respect

of the preceding year:

Provided that during inspection, the Inspector-cum-Facilitator may require the production of

accounts, books, register and other documents maintained in electronic form or otherwise.

Explanation.– The expression ―electronic form‖ shall have the same meaning as assigned to it

in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).