Section 24: Eligibility for Maternity Benefit

Overview

This section deals with Maternity Benefit under the Code on Social Security, 2020. It defines the conditions a woman employee must meet to qualify for paid leave and financial assistance during and after her pregnancy. This is a crucial social security benefit aimed at protecting the employment and income of women during a critical life stage.

Who is Covered?

• Classes of employees and establishments covered: The Code extends maternity benefits to a broad range of employees, including regular employees, contract workers, and fixed-term employees working in establishments covered under the Code. This promotes inclusivity across different employment types.
• Any eligibility conditions such as length of service or wage limits: To be eligible, a woman must have worked for a minimum prescribed period in the establishment *before* the date of her expected delivery. The specific length of service required is determined by the rules framed under the Code and may vary. There is no wage ceiling specified in the Code itself for availing maternity benefits.

Benefits and Contributions

• What benefit the employee gets: Eligible employees receive paid leave during their maternity period, allowing them to take time off work without loss of wages. The duration of maternity leave is 26 weeks, as specified elsewhere in the Code.
• Contribution responsibilities of employer, employee and government: The Code primarily places the financial responsibility for maternity benefits on the employer. Employees do not contribute directly to a maternity benefit fund. The government may contribute through schemes or subsidies, as determined by regulations.

Procedure and Compliance

While detailed procedures will be outlined in the rules, generally, the process involves the employee informing the employer of her pregnancy and expected delivery date. The employer is then responsible for ensuring compliance with the Code, including providing the prescribed maternity benefits. Record-keeping related to maternity leave and payments is crucial for compliance. Establishments must maintain accurate records of eligible employees and benefits paid.

Practical Examples

• Example 1 showing an employee becoming eligible for benefit: Priya has been working as a permanent employee at ABC Company for 180 days. She informs her employer of her pregnancy. Assuming she meets any further criteria defined in the rules, she is eligible for 26 weeks of maternity leave with full pay.
• Example 2 involving non-compliance by an employer: Neha, a contract worker, is denied maternity leave by her employer despite having worked for the required period. This constitutes a violation of the Code on Social Security, 2020, and Neha can seek legal recourse.

Disclaimer

This article is for basic understanding of social security law and should not be treated as legal advice. Laws are subject to change, and specific situations may require consultation with a qualified legal professional.