Section 25: Duration and Rate of Maternity Benefit

Overview

This section deals with the Maternity Benefit provisions under the Code on Social Security, 2020. It outlines the entitlement of eligible women employees to paid time off work before and after childbirth, ensuring their health and well-being, and facilitating work-life balance. This is a crucial social security benefit aimed at protecting the dignity of motherhood and ensuring income security during a critical period.

Who is Covered?

• The Code applies to establishments employing ten or more persons. However, the Maternity Benefit provisions can be extended to smaller establishments through notification by the Central Government.
• All female employees who have worked for at least 80 days in the 12 months immediately preceding the date of her expected delivery are generally eligible.
• The Code covers both organized and unorganized sector workers, broadening the scope of maternity benefits.

Benefits and Contributions

• Employee Benefit: Eligible women employees are entitled to up to 26 weeks of paid maternity leave. This is distributed as pre-natal leave (before delivery) and post-natal leave (after delivery). The specific distribution is flexible, subject to certain conditions. For women with two or more surviving children, the duration is reduced.
• Rate of Payment: The maternity benefit is paid at the average daily wage calculated for the period of actual absence from work.
• Employer Contribution: The employer is solely responsible for funding the maternity benefit. There are no contributions from the employee or the government directly towards this benefit.

Procedure and Compliance

To claim maternity benefit, an employee must give written notice to the employer specifying the expected date of delivery. The employer is then obligated to pay the maternity benefit as per the provisions of the Code. Proper documentation, including medical certificates, is required. Employers must maintain accurate records related to maternity benefit claims and ensure compliance with the Code’s provisions to avoid penalties.

Practical Examples

• Example 1: Eligibility for Benefit – Priya, a software engineer, has worked for 9 months at a company employing over 10 people. She informs her employer of her pregnancy and provides a medical certificate stating her expected delivery date. Priya is eligible for 26 weeks of maternity leave with pay, calculated based on her average daily wage.
• Example 2: Non-Compliance by Employer – Sunita, a factory worker, was denied maternity leave by her employer despite fulfilling the eligibility criteria. The employer also failed to pay her the maternity benefit. Sunita can file a complaint with the appropriate authority under the Code, and the employer may face penalties, including fines and potential legal action.

Disclaimer

This article is for basic understanding of the Code on Social Security, 2020, and its provisions related to maternity benefit. It should not be treated as legal advice. For specific legal guidance, consult with a qualified legal professional.