Section 62 of The Code on Social Security, 2020
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 Chapter may give notice in writing in such form as may be prescribed by the Central Government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Chapter 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 eight 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 her delivery.
- (4)On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
- (5)The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed by the Central Government that the woman is 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 by the Central Government 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 Chapter if she is otherwise entitled to such benefit or amount and in any such case an Inspector-cum-Facilitator 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.
Summary
- A woman entitled to maternity benefit must give a written notice to her employer to claim her payments and declare she will not work elsewhere during her leave.
- She can nominate another person in this notice to receive the payments on her behalf.
- If pregnant, her notice must specify the start date of her absence, which cannot be earlier than eight weeks before her expected delivery date.
- The employer must pay the pre-delivery benefit in advance when she provides proof of pregnancy, and the post-delivery benefit within forty-eight hours of her presenting proof of delivery.
- If she fails to give this notice, she does not lose her benefits, and an Inspector-cum-Facilitator can order the employer to pay her.
Practical examples
FAQ
1. How do I notify my employer to claim maternity benefits under the 2020 Social Security Code?
Under Section 62 of the Code on Social Security, 2020, you must give a written notice in the prescribed form to your employer. This notice must state that you will not work in any establishment during your leave, name your nominee for payments, and specify your leave start date.
2. Can an employer deny my maternity benefit if I forgot to give a notice before my delivery under the Social Security Act of 2020?
No, under Section 62 of the Code on Social Security, 2020, failing to give a notice does not take away your right to maternity benefits. You can give notice as soon as possible after delivery, or an Inspector-cum-Facilitator can order your employer to pay you.
3. How soon must an employer pay the maternity benefit after child birth under the 2020 Social Security Code?
Under Section 62 of the Code on Social Security, 2020, once you provide proof of child birth, your employer must pay the remaining maternity benefit due to you within forty-eight hours.
4. What is the earliest date a pregnant employee can start her maternity absence under Section 62 of the Social Security Act?
According to Section 62 of the Code on Social Security, 2020, the start date of your leave cannot be earlier than eight weeks from the expected date of your delivery.
Test yourself
1.Under Section 62 of the Code on Social Security, 2020, what is the absolute earliest date a pregnant woman can state in her notice for her absence to begin?
2.Under Section 62 of the Code on Social Security, 2020, once a woman provides proof that she has delivered a child, within what timeframe must the employer pay the subsequent maternity benefit?
3.Under Section 62 of the Code on Social Security, 2020, if an employee fails to give her maternity benefit notice during her pregnancy, what is the legal consequence?
4.Under Section 62 of the Code on Social Security, 2020, what crucial statement must a woman include in her written notice?