Restriction On Employment Of Pregnant Women

Section 4 of the Maternity Benefit Act, 1961, provides for the rules for the prohibition of employment of women during certain period. The Act provides for the duration for which employment of women or certain work done by them is prohibited during the period of pregnancy.

The Act states –

Employment of, or work by, women prohibited during certain period–

1. No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage or medical termination of pregnancy.
2. No woman shall work in any establishment during the said period of 6 weeks i.e. 6 weeks immediately following the day of her delivery or her miscarriage or medical termination of pregnancy.
3. In case a pregnant woman makes a request in this behalf, the employer should not require a pregnant woman to do any work which is of an arduous nature for a particular period of time. The pregnant woman will not be required to do any work which involves long hours of standing or which in any way is likely to interfere with her pregnancy or normal development of the fetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
4. The particular period of time referred to in sub-section (3) shall be–
1. at the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
2. any period during the said period of six weeks for which the pregnant woman does not avail the leave of absence.

The Act clearly states that the employment of women during 6 weeks immediately after her delivery or miscarriage or medical termination of pregnancy is prohibited. However, if the employer does not know that, and if he employs a woman during such period without such knowledge then he cannot be held responsible for the same. Also, if the employer makes a woman to do a work which might be of arduous nature, without the knowledge that such work could cause adverse affect to her health, then he cannot be held responsible. The pregnant woman should ensure that she informs the employer of the nature of work she cannot perform under her condition and the work that might cause adverse affect on her health. Also, no suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith and has been in pursuance of the rules of this Act.

However, during the period of 6 weeks, when the woman employee is on maternity leave, it shall be unlawful for her employer to discharge or dismiss her on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence. However, if the employer discharges or dismisses the woman employee during pregnancy, even in such a case, the woman employee shall not be deprived of her maternity benefits or medical bonus.