MATERNITY BENEFIT-LABOUR ACT 2006 - ACT 48 & 49 & 50
48. Amount of maternity benefit : (1) The maternity benefit which is payable under this act shall be payable at the rate of daily, weekly or monthly average wages, as the case may be, calculated in the manner laid down in sub-section (2), and such payment shall be made wholly in cash. (2) For the purpose of sub-section (1) the daily, weekly or monthly average wages, as the case may be, shall be calculated by dividing the total wages earned by the woman during the three months immediately preceding the date on which she gives notice under this act by the number of day she actually worked during the period.
49. Payment of maternity benefit in case of a woman’s death : (1) If a woman entitled to maternity benefit under this act dies at the time of her delivery or during the next period of 8 months, the employer shall pay the amount of maternity benefit due, if the newly born child survives her, to the person who undertakes the care of the child, and if the child does not survive her; to the person nominated by her under this chapter, or if she has made no such nomination, to her legal representative.
(2) If a woman dies during the period for which she is entitled to maternity benefit but before giving birth to a child, the employer shall be liable only for the period up to and including the day of her death, provided that any sum already paid to her in excess of such liability shall not be recoverable from her legal representative, and any amount due at the woman’s death shall be paid to the person nominated by her under this chapter, or if she has made no such nomination, to her legal representative.
50. Restriction on termination of employment of a woman in certain cases : If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter.
0 Comments