Section 6 of MBA : Section 6: Notice Of Claim For Maternity Benefit And Payment Thereof
MBA
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Explanation using Example
Imagine a scenario where Priya, an employee at a software development company, is expecting a baby. She is entitled to maternity benefit under The Maternity Benefit Act, 1961. Six weeks before her expected delivery date, Priya writes a notice to her employer. In the notice, she informs the employer of the date she plans to start her maternity leave, which is aligned with the Act's stipulation of not being earlier than six weeks from her expected delivery date. She also includes a nomination for her husband to receive the maternity benefit payments on her behalf during her absence.
Priya's employer, upon receiving the notice, acknowledges her right to be absent from work starting from the date she indicated, and ensures that her maternity benefits are paid in advance for the period leading up to her expected delivery date, upon receiving the required proof of pregnancy. The employer also commits to paying the benefits for the period after delivery within forty-eight hours of receiving proof of childbirth.
In case Priya had failed to give the notice before her delivery, she could still submit it as soon as possible after giving birth. Even if she didn't provide the notice at all, the Act protects her right to receive the maternity benefits, provided she is eligible. An Inspector could intervene to ensure Priya receives her due benefits in a timely manner.