Maternity, Gratuity & Wages Acts — Set 5
Labour Laws · प्रसूति, ग्रेच्युटी और मजदूरी अधिनियम · Questions 41–50 of 160
Under the Maternity Benefit Act, how many weeks of leave can a woman take before delivery?
Correct Answer: C. 8 weeks
Under the Maternity Benefit Act, a woman can take up to 8 weeks of leave before the expected date of delivery and the remaining leave after delivery. Out of the total 26 weeks of maternity leave (for first two children), 8 weeks can be taken before delivery. This pre-natal leave allows the expectant mother to prepare for childbirth. The benefit is paid at the average daily wage.
Under the Maternity Benefit Act, a woman working from home after maternity leave can do so if the nature of work allows, for how many months from the date of delivery?
Correct Answer: B. 6 months
After the 2017 amendment to the Maternity Benefit Act, a woman can request the option to work from home on conditions mutually agreed with the employer, if the nature of work assigned to her permits. This option can be availed for up to 6 months from the date of delivery. The employer has discretion to allow or disallow this option based on the nature of the work. It must be mutually agreed.
Under the Maternity Benefit Act, what is the medical bonus payable to a woman if no prenatal confinement and postnatal care is provided by the employer?
Correct Answer: C. Rs. 3,500
Under the Maternity Benefit Act, if no pre-natal confinement and post-natal care is provided by the employer free of charge, a medical bonus of Rs. 3,500 is payable to the woman. The Central Government can increase this amount from time to time. This bonus helps women cover the cost of medical care during delivery. It is part of the comprehensive benefits package under the Act.
Under the Maternity Benefit Act, a woman is entitled to how many weeks of paid leave in case of miscarriage?
Correct Answer: C. 6 weeks
Section 9 of the Maternity Benefit Act provides that a woman who suffers a miscarriage or undergoes a medical termination of pregnancy is entitled to paid leave for a period of six weeks immediately following the day of the miscarriage or termination. This benefit ensures that women have adequate recovery time after a miscarriage. The benefit is paid at the same rate as maternity benefit.
Under the Maternity Benefit Act, what is the entitlement for a woman who legally adopts a child below 3 months?
Correct Answer: C. 12 weeks
After the 2017 amendment, a woman who legally adopts a child below the age of three months is entitled to 12 weeks of maternity benefit from the date of adoption. Similarly, a commissioning mother (who uses a surrogate) is also entitled to 12 weeks of maternity benefit. This amendment recognized the needs of adoptive and commissioning mothers under the Act.
Under the Maternity Benefit Act, for how many nursing breaks is a woman entitled after returning to work?
Correct Answer: B. Two breaks per day
Section 11 of the Maternity Benefit Act provides that a woman who is nursing a child is entitled to two nursing breaks in the course of her daily work until the child attains the age of fifteen months. These breaks are in addition to the regular rest intervals. The nursing breaks are counted as authorized absence from work and are paid. This provision encourages breastfeeding.
The Payment of Gratuity Act 1972 applies to establishments with at least how many employees?
Correct Answer: B. 10 employees
The Payment of Gratuity Act, 1972 applies to every factory, mine, oilfield, plantation, port, railway company, shop, and establishment employing 10 or more persons. Once the Act applies to an establishment, it continues to apply even if the number of employees falls below 10. The Central Government can extend the Act to any other class of establishment. The Act protects workers who complete long-term service.
Under the Payment of Gratuity Act, what is the formula for calculating gratuity?
Correct Answer: B. 15/26 × last drawn salary × years of service
The gratuity formula under the Payment of Gratuity Act is 15/26 × last drawn salary × completed years of service. Here, 15 represents 15 days' wages, 26 represents 26 working days in a month, and the calculation is for each completed year of service. For seasonal establishments, the formula is 7/26. The maximum gratuity payable is Rs. 20 lakhs as per the latest amendment.
What is the current maximum gratuity limit under the Payment of Gratuity Act?
Correct Answer: C. Rs. 20 lakhs
The Payment of Gratuity (Amendment) Act 2018 increased the maximum gratuity limit for non-government employees from Rs. 10 lakhs to Rs. 20 lakhs. This amendment brought the limit for private sector employees in line with central government employees who already received Rs. 20 lakhs as maximum gratuity. The Central Government can further increase this limit by notification.
Under the Payment of Gratuity Act, gratuity is payable within how many days of becoming due?
Correct Answer: C. 30 days
Section 7(3) of the Payment of Gratuity Act requires that the gratuity payable shall be paid within 30 days from the date it becomes payable to the person to whom gratuity is payable. If there is any dispute, the employer must deposit the amount with the Controlling Authority. If gratuity is not paid within 30 days, simple interest at the prescribed rate is payable from the due date.