Section 5 in The Rajasthan Maternity Benefit Act, 1953
5. Right to payment of maternity benefit.
(1)Subject to the provisions of this Act, every woman employed in a factory shall be entitled to the payment of maternity benefit at the rate of average daily earnings or twelve annas a day, whichever is greater for the actual days of her absence for the period immediately preceding her confinement and for the [six weeks] [Substituted by Act No. 32 of 1959.] immediately following her confinement as mentioned in sub-section (2). In the event of miscarriage a woman shall be entitled to three weeks' leave with wages from the date of miscarriage :Provided that a woman shall not be entitled to maternity benefit unless she has been employed in the factory of the employer from whom she claims maternity benefit [at least two hundred and forty days before the week in which the confinement takes place or in which notice of pregnancy is given before confinement under sub-section (1) of section 6, whichever is more advantageous to her] [Substituted by Act No. 21 of 1962.],(2)The maximum period for which any woman shall be entitled to the payment of maternity benefit shall be [twelve weeks] [Substituted by Act No. 32 of 1959.] that is to say [six weeks] [Substituted by Act No. 32 of 1959.] up to and including the day of her delivery and [six weeks] [Substituted by Act No. 32 of 1959.] immediately following that day. [In addition to maternity leave for a period of twelve weeks the employer shall provide further leave for a maximum period of one month in case of illness arising out of pregnancy or confinement] [Inserted by Act No. 32 of 1959.]. If 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.(3)[ An employer shall not dismiss a woman once a notice of pregnancy has been given except for gross misconduct [when] [Substituted by Act No. 32 of 1959.] such dismissal shall have the effect of depriving her of maternity benefit.](4)[ A medical bonus of ten rupees shall be payable to a woman worker on maternity leave if no pre-natal, confinement or postnatal care is provided by the employer free of charge.] [Substituted by Act No. 32 of 1959.](5)[ A woman worker shall be employed on light work during a period of one month prior to her proceeding on maternity leave. The employer shall also afford reasonable adequate nursing breaks for nursing mothers.] [Substituted by Act No. 32 of 1959.]
