Payment of medical bonus

Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

Payment of maternity benefit in case of death of a woman

If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.

Notice of claim for maternity benefit and payment thereof

(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

(4) On receipt of the notice, the employer shall permit such woman absent herself from the establishment until the expiry of six weeks after the day of her delivery.

(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

Right to payment of maternity benefit

(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.

Explanation - For the purpose 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, or one rupee a day, which ever is higher.

(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom the claims maternity benefit, for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery:

Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into she State of Assam and was pregnant at the time of the immigration.

Explanation. - For the purpose of calculating 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 during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day:

Provided that where a woman dies during this periods, the maternity benefit shall be payable only for the days up to and including the day of her death:

Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following that day of her delivery but if the child also dies during the said period, then, for the days up to and including the day of the death of the child.

Employment of, or work by, women prohibited during certain periods

(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in subsection (4) any work which is of an arduous nature or which involves long hours o standing, or which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

(4) The period referred to in sub-section (3) shall be -

(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;

(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.

Definitions

In this Act, unless the context otherwise requires,-

(a) "appropriate Government" means, in relation to an establishment being a mine, the Central Government and in relation to any other establishment, the State Government;

(b) "child" includes a still-born child;

(c) "delivery" means the birth of a child;

(d) "employer" means -

(I) in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed the head of the department.

(ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;

(iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other persons whether called a manager, managing director, managing agent, or by any other name, such person;

(e) "establishment" means a factory, mine, or plantation, or an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable;

(f) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);

(g) "Inspector" means an Inspector appointed under section 14;

(h) "maternity benefit" means the payment referred to in sub-section (1) of section 5;

(I) "mine" means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952);

(j) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code;
(45 of 1860)

(k) "plantation" means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);

(j) "prescribed" means prescribed by rules made under this Act;

(m) "State Government" in relation to a Union territory, means the Administrator thereof;

(n) "wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes -

(1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to;

(2) incentive bonus; and

(3) the money value of the confessional supply of food grains and other articles, but does not include -

(I) any bonus other than incentive bonus;

(ii) over -time earnings an any deduction or payment made on account of fines;

(iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and

(iv) any gratuity payable on the termination of service;

(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.

(1) It applies, in the first instance, to every establishment being a factory, mine or plantation including any such establishment belonging to Government:

Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.

(2) Nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948, (34 of 1948) apply for the time being.

Short title, extent and commencement

(1) This Act may be called the Maternity Benefit Act, 1961.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as may be notified in this behalf in the Official Gazette,-

(a) in relation to mines in the territories to which this Act extends, by the Central Government; and

(b) in relation to other establishments in a State, by the State Government:

Practice Good Health During Pregnancy and After

Congratulations, you are expecting! Planning for a new baby is an exciting time. Whether this is your first child or not, you will be happily anticipating the arrival of your new son or daughter. It is essential that you make health choices during your pregnancy. Healthy habits are important for the baby and also for you!

Hopefully you do not already smoke because it is not good for the baby or for you. If you do smoke, take steps to quit immediately. Never drink alcohol or use any type of illegal drugs while you are pregnant. Both are very hazardous to the health of your unborn baby.

During pregnancy it is critical that you eat well. We should all be healthy eaters all of the time. However, it is especially important to the growth and well being of the little one growing inside of you when you are pregnant. Ask your doctor or midwife about some healthy eating plans during your pregnancy. You will neat to eat more calories and in some instances more servings of certain foods when you are pregnant. Try to follow these guidelines as best as possible. This can be difficult in the beginning of your pregnancy when you are experiencing morning sickness. However, you must still eat as well as you can when you can. If at anytime you cannot keep foods or liquids down for more than 24 hours, consult your physician.

Follow your health care provider’s instructions throughout pregnancy. Take your prenatal vitamins each day. If this is difficult due to morning sickness, discuss your options with your doctor. Sometimes they will suggest you take chewable multi-vitamins with a little better flavor until your stomach is a little calmer. Some women become anemic during pregnancy. Your doctor may decide you should take iron supplements. If this is suggested to you follow their instructions. Remember your doctors and midwifes are there to help you have the healthiest pregnancy possible for you and your baby.

Remember there are not dumb questions in life. If you have a question for your doctor, ask! Discuss any concerns with your doctor as well. You may have a symptom during your pregnancy that scares you. Do not be shy to discuss this with your healthcare provider. Also keep an eye out for warning signs during pregnancy. Your doctors will normally discuss these signs with you so you know what to look for.

Keep all your prenatal appointments. If you need to cancel an appointment, make every effort to reschedule. These appointments are an opportunity for your doctors to evaluate how your pregnancy is progressing. When there are problems or potential problems, they can begin working right way to help you and your baby. Your prenatal appointments also provide you with an opportunity to ask questions and discuss anything that is on your mind about your pregnancy.

You can even exercise some while you are pregnant. If you are going to do any form of exercise, discuss this with your physician first to make sure it is safe. Some exercises are not a good idea for pregnant women. Also if you are having certain complications your doctor may advise against exercising. You shouldn’t do “hard core” exercising like you may have before becoming pregnant. However, you can still take part in low impact exercising. For example, you can still have a walking routine.

Be good to yourself when you are pregnant. Get the rest that you need. If you are tired in the middle of the day and you are able to take a nap, do so! Try to listen to what your body is telling you. Be willing to pamper yourself a little. Allow your spouse or partner to pamper your some too. Keep up with your healthy habits even after your baby is born!

MIDWIFERY FOR THE 21ST CENTURY - ACTION NOW

Do Women Want Midwives or Obstetric Nurses?

If you are expecting a baby, or you have had a baby recently, you may have been unable to get the kind of care you want or noticed how few midwives are available. While the government promotes 'choice' and the National Service Framework has developed a 10 year strategy to encourage change, there are many areas where the quality of maternity care has worsened. Far too many fit and healthy women have no choice but to give birth in high technology units. These units may be the best option if you or your baby are likely to have problems, but they are not appropriate for the majority of women. Because they focus on problems and complications, they intervene unnecessarily far too often and as a result have excessively high caesarean section rates, induce or accelerate labours far too soon and offer little support in labour. These units are often short-staffed and as a result the midwives are expected to look after more than one labouring women at the same time thereby denying them the emotional support and encouragement most labouring women need.

To compound this problem we now have a generation of midwives who are not accustomed to supporting women who expect to have a normal birth. As result, far too many women are left alone during labour or, at the earliest moment, are encouraged to have drugs to speed up the labour.

The quality of care would improve if women were enabled to choose the midwife they would like and midwives were enabled to have their own case loads so that they would be able to look after women during pregnancy, birth and for a period post-natally.

Body image tied to pregnancy weight gain

Study: Heavy women who think they aren't most likely to pack on pounds
NEW YORK - Women's perceptions of their bodies may sway their risk of excessive weight gain during pregnancy, a new study suggests.

The study, which followed more than 1,500 women during pregnancy, found those with misperceptions about their pre-pregnancy weight were more likely to gain too many pregnancy pounds.

The odds of excessive weight gain were greatest among women who were overweight or obese before pregnancy but thought their weight was in the normal range.

However, normal-weight women who thought they were overweight were also at increased risk of excessive pregnancy pounds.

The reasons for the findings are not clear, the researchers point out in the online journal BMC Pregnancy and Childbirth.

They speculate, however, that the high prevalence of obesity in the U.S. might be one reason that some overweight women in the study considered their weight "normal," and in turn, gained more than is recommended during pregnancy.

On the other hand, normal-weight women who thought they were heavy might have a higher rate a "disordered eating behaviors" -- like bulimia or binge-eating -- that could contribute to excess weight gain.

"But it isn't clear yet whether these are the explanations," lead researcher Dr. Sharon Herring, of Temple University School of Medicine in Philadelphia, said in a written statement.

"More work," she added, "needs to be done to understand perceptions of weight among mothers at the start of pregnancy, and to determine if correcting misperception reduces the likelihood of excessive pregnancy weight gain."

In general, it's recommended that normal-weight women gain 25 to 35 pounds during pregnancy, while overweight women should put on 15 to 25 pounds.

Of the 1,537 women in the current study, most were accurate when asked to describe their pre-pregnancy weight as normal, underweight or overweight. However, 13 percent of normal-weight women considered themselves overweight, while 14 percent of overweight or obese women underestimated their weight.

Compared with normal-weight women who accurately assessed their weight status, overweight women with inaccurate perceptions were nearly eight times more likely to gain too much weight during pregnancy.

Risk of premature birth lower in heavy women

Study: The overweight tend to have fewer contractions before 34th week
Among pregnant women at higher-than-average risk of premature delivery, those who are overweight or obese seem to be afforded some protection, a new study suggests.

Researchers found that of 253 women who were followed during pregnancy, those who were overweight or obese had a far lower rate of preterm delivery compared with normal-weight or underweight women. Just over 8 percent gave birth before the 35th week of pregnancy, versus nearly 22 percent of normal-weight or underweight women.

All of the women in the study were considered to be at higher-than-normal risk of preterm delivery because of previous preterm births or bleeding problems during the current pregnancy. But excess weight seemed to lower this risk, the researchers report in the journal Obstetrics & Gynecology.