Maternity Protection

  • Act/Rule/Legislation

  • Online Link to Act/Rule/Legislation

  • Initial Setup or Ongoing Maintenance

    Ongoing compliance requirement

  • Filing and Maintenance Requirements

    Every female employee shall be entitled to maternity leave for a period of not less than sixty consecutive days A female employee shall be entitled to receive maternity allowance for the eligible period from her employer if: (i) she has been employed by the employer at any time in the four months immediately before her confinement; and (ii) she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement. The maternity allowance shall be paid later than the seventh day of the following month. It shall be an offence for her employer to terminate her services or give her notice of termination of service during her confinement period.

  • Penalty

    Any employer who -- (a) fails to grant maternity leave to a female employee employed by him and entitled thereto under Part IX; (b) fails to pay the maternity allowance to a female employee employed by him and entitled thereto under Part IX, or to her nominee, or to her personal legal representative; (c) fails to pay maternity allowance in the manner prescribed in section 38; or (d) contravenes the provisions of section 42 or 44, commits an offence, and shall also -- (aa) in the event of a conviction for an offence under paragraph (a), be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she may be entitled under Part IX in respect of every day on which the female employee had worked during the eligible period referred to in section 37(1 )(a), the payment so ordered being in addition to the wages payable to her, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court; and (bb) in the event of a conviction for an offence under paragraph (b), be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she is entitled under Part IX, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.

  • Application Guidelines / Responsible Persons / Comments