MATERNITY BENEFIT
45. Employment of women worker prohibited during certain
(1) No employer shall, knowingly employ a woman in his establishment during the 06 months before and after of her delivery.
(2) No woman shall work in any establishment during the06 months immediately following the day of her delivery.
(3) No employer shall employ any woman for doing any work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her health, if -
(a) he has reason to believe or if she has informed him that she is likely to be delivered of a child within ten weeks.
(b) she has to the knowledge of the employer been delivered of a child within the preceding ten weeks :
Provided that in case of tea plantation worker, woman worker can undertake light work if and for so long as the medical practitioner of the concerned tea estate certifies that she is physically fit to do so; and, for the days that she does such work, she shall be paid at the prevailing rate of pay for such work, and such pay shall be paid to her in addition to the maternity benefit which she may be entitled to receive under existing this Act.
46. Right to, and liability for, payment of maternity benefit.
(1) Every woman employed in an establishment shall be entitled to, and her employer shall be liable for, the payment of maternity benefit in respect of the period of 06 months before and after of her delivery. preceding the expected day of her delivery and eight weeks immediately following the day of her delivery:
Provided that a woman shall not be entitled to such maternity benefit unless she has worked under the employer, for a period of not less than six months immediately preceding the day of her delivery.
(2) No maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children, but in that case she shall be entitled to the leave to which she would otherwise be entitled.
47.