Page 54 - The Code on Social Security, 2020
P. 54

SEC. 1]        THE GAZETTE OF INDIA EXTRAORDINARY                    47

                             60. (1) Subject to the other provisions of this Code, every woman shall be entitled to,  Right to
                         and her employer shall be liable for, the payment of maternity benefit at the rate of the  payment of
                         average daily wage for the period of her actual absence, that is to say, the period immediately  maternity
                         preceding the day of her delivery, and any period immediately following that day.  benefit.

                             Explanation.—For the purposes of this sub-section, "the average daily wage" means
                         the average of the woman's wages payable to her for the days on which she has worked
                         during the period of three calendar months immediately preceding the date from which she
                         absents herself on account of maternity, subject to the minimum rate of wage fixed or
             29 of 2019.  revised under the Code on Wages, 2019.
                             (2) No woman shall be entitled to maternity benefit unless she has actually worked in
                         an establishment of the employer from whom she claims maternity benefit, for a period of
                         not less than eighty days in the twelve months immediately preceding the date of her
                         expected delivery.
                             Explanation.— For the purposes of calculating the period under this sub-section,
                         the days on which a woman has actually worked in the establishment, the days for which
                         she has been laid off or was on holidays declared under any law for the time being in force
                         to be holidays with wages, during the period of twelve months immediately preceding the
                         expected date of her delivery shall be taken into account.
                             (3) The maximum period for which any woman shall be entitled to maternity benefit
                         shall be twenty-six weeks of which not more than eight weeks shall precede the expected
                         date of her delivery:
                             Provided that the maximum period entitled to maternity benefit by a woman having
                         two or more surviving children shall be twelve weeks of which not more than six weeks
                         shall precede the date of her expected delivery:
                             Provided further that where a woman dies during this period, the maternity benefit
                         shall be payable only for the days up to and including the day of her death:
                             Provided also that where a woman, having been delivered of a child, dies during her
                         delivery or during the period immediately following the date of her delivery for which she
                         is entitled for the maternity benefit, leaving behind in either case the child, the employer
                         shall be liable for the maternity benefit for that entire period but if the child also dies
                         during the said period, then, for the days up to and including the date of the death of the
                         child.
                             Explanation.— For the purposes of this sub-section, "child" includes a stillborn
                         child.
                             (4) A woman who legally adopts a child below the age of three months or a
                         commissioning mother shall be entitled to maternity benefit for a period of twelve weeks
                         from the date the child is handed over to the adopting mother or the commissioning mother,
                         as the case may be.
                             (5) In case the work assigned to a woman is of such nature that she may work from
                         home, the employer may allow her to do so after availing of the maternity benefit for such
                         period and on such conditions as the employer and the woman may mutually agree.
                             61. Every woman entitled to the payment of maternity benefit under this Chapter,  Continuance
                         shall, notwithstanding the application of Chapter IV to the factory or other establishment  of payment of
                         in which she is employed, continue to be so entitled until she becomes qualified to claim  maternity
                                                                                                   benefit in
                         maternity benefit under section 32.                                       certain cases.
                             62. (1) Any woman employed in an establishment and entitled to maternity benefit  Notice of
                         under the provisions of this Chapter may give notice in writing in such form as may be  claim for
                         prescribed by the Central Government, to her employer, stating that her maternity benefit  maternity
                                                                                                  benefit and
                         and any other amount to which she may be entitled under this Chapter may be paid to her  payment
                                                                                                  thereof.
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