Form XII

[See Sub-Rule (4) of Rule-27]

(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 of 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 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 further 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-VIII 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-VIII 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 this Code may give notice in writing in Form-IX to her

employer, stating that her maternity benefit and any other amount to which she

may be entitled under this 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-VIII 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-VIII.

(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-VIII, 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 not be less than 5 minutes and more than

15 minutes duration.

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) Willful 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

(iv) willful non-observance of safety measures or rules on the subject or willful

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-XI 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 Act, 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 Act and any person claiming that payment due has been

improperly withheld may make complaint to the Inspector-cum-Facilitators in

writing in Form-XI as the case may be.

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

complaint in Form-X, 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 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 VIII, IX, X & XI.

(b)The failure to submit a notice, appeal or complaint in the prescribed form will

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 and shall enter therein

particulars of all women workers 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 1st day of February

in each year, upload a unified annual return in Form-XIII 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. - For the purposes of this sub-rule, 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).