Vidhi Codex

section 4

Right to maternity benefit of women in factories, plantations and other establishments.

The Kerala Maternity Benefit Act, 1957
Labour195723 sections
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Statutory text
  1. (1) Subject to provisions of this Act, every woman in a factory, a plantation or an establishment shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of five rupees and twentyfive naye paise a week or calculated at a rate of 7/12 of the average daily wage multiplied by seven for a week, whichever is higher, during the period of her actual absence immediately preceding and including the day of her confinement and for the eight weeks immediately following her confinement. Explanation.—For the purpose of this section and sections 6 and 7, “Average daily wage” means average of her total full-time earnings for the days on which she worked during the month immediately preceding the date on which she gives notice under sub-section (1) of section 5: Provided that a woman shall not be entitled to maternity benefit unless she has been employed in the factory or plantation or an establishment of the employer from whom she claims maternity benenft for at least one hundred and fifty days whether continuously or intermittantly during the period of twelve months or she has been on the rolls of the said factory, plantation establishment for a period of nine months immediately preceding the date on which she gives notice under sub-section (1) of section 5.
  2. (2) Notwithstanding anything contained in sub-section (1), if at or before the commencement of this Act, an employer has been paying to women workers in any factory or plantation or any other establishment, maternity benefit at a rate higher than that payable under sub-section (1), then every woman worker in such factory or plantation or an establishment shall be entitled to and the employer shall be liable for the payment of maternity benefit at such higher rate.
  3. (3) The maximum period for which any woman shall be entitled to the payment of maternity benefit shall be twelve weeks, that is to say, four weeks up to and including the day of her confinement and eight weeks immediately following that day.

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