Uttar Pradesh - Form F - Notice of Absence
Wondering, are there any laws related to maternity benefits in Uttar Pradesh? Well, the answer is yes. There are many laws under the Maternity Benefit Act that protect the rights of women. Form F is filed under this law. Read on to know more about Form F and the Maternity Benefit Act.
Table of Contents
- What is Form F?
- Why is it important?
- What is Maternity Benefit Act 1961?
- How to fill the Maternity benefit Act Form F?
- How Deskera Can Assist You?
- Key Takeaways
What is Form F?
Form F is filed under rule 5(4) of the Maternity Benefit Central Rules. According to this rule, whenever a woman claims the payment under the maternity benefit act, a receipt shall be obtained by the employer through Form 'F' from the person to whom the payment is made. For the cases that fall under sub-rule (2), a receipt will be given to the employer by the competent authority. Also, the medical bonus will be provided along with the second installment of the maternity benefit. The maternity benefit or any other amount payable under section 7 will be paid within two months of the date of death of the woman entitled to receive such benefit or amount.
Form F
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Why is it important?
This requirement is mandatory by the law and the form provides the format of the receipt that needs to be provided to the employer by the person or authority receiving the amount so that the employer can maintain his records in order to avoid any disputes or conflicts regarding the same.
What is Maternity Benefit Act 1961?
The Maternity Benefit Act is an act that is created to regulate the employment of women in specific establishments for a certain period before and after childbirth to provide maternity benefits and other benefits. The act applies to factories, mines, plantations, shops, and other establishments.
The aim of the Maternity Benefit Act is to provide maternity leave and benefits to women employees. This act was passed by both the Houses of Parliament and received the consent of the President on 12th December 1961.
How to fill the Maternity benefit Act Form F?
Women employees fill this form in order to provide notice and self-declaration to the employers under the shop/commercial establishment Act that they will remain absent from the shop or commercial establishment from _______________to __________________ date and that she shall not work in any employment during the period for which she receives maternity benefit.
MATERNITY BENEFIT ACT, 1961
1. Short title, extend, and commencement. -- (1) This Act may be called the Maternity Benefit Act, 1961.
(2) It extends to the whole of India
2. Application of Act:
It applies to every establishment being a factory, mine, or plantation including any such establishment belonging to the Government and to every establishment wherein people are employed for the exhibition of equestrian, acrobatic, and other performances.
The State Government along with the approval of the Central Government has to give notice of a minimum of two months in the Official Gazette, to 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.
3. The employment of women is prohibited during a certain period.
(1) No employer has the right to knowingly employ a woman in any establishment during the six weeks immediately after the day of the delivery or her miscarriage.
(2) No woman will work in any establishment during the six weeks immediately after the day of the delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her on this behalf, be required by her employer to do during the period specified in sub-section (4) any work 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 fetus, 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) at 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.
4. Right to payment of maternity benefit. -- (1) According to the Act, every woman is 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. –According to 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, whichever is higher.
(2) No woman will be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she 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 the 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:
In case a woman dies during this period, 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 for the entire period of six weeks immediately following the 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.
NOTES. – The term “week” means a cycle of seven days including Sundays;
5. 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 has the right to give notice in writing, 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 has to permit such women to remain absent from the establishment until the expiry of six weeks after the day of her delivery.
(5) The amount of maternity benefit for the period before the date of her expected delivery shall be paid in advance by the employer to the woman on providing the proof of being 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.
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Key Takeaways
- Form F falls under rule 5(4) of the Maternity Benefit Central Rules. According to this rule, whenever a woman claims the payment under the maternity benefit act, a receipt shall be obtained by the employer through Form 'F' from the person to whom the payment is made
- Format of Form F is shared in this article
- The Maternity Benefit Act is an act that is created to regulate the employment of women in specific establishments for a certain period before and after childbirth to provide maternity benefits and other benefits
- Maternity Benefit Act applies to the whole of India and It applies to every establishment being a factory, mine, or plantation including any such establishment belonging to the Government and to every establishment wherein people are employed for the exhibition of equestrian, acrobatic and other performances.
- According to this act, no employer has the right to knowingly employ a woman in any establishment during the six weeks immediately after the day of the delivery or her miscarriage, and no woman will work in any establishment during the six weeks immediately after the day of the delivery of her miscarriage.