Maternity Benefit Rules

Queries 1.1 Denial of eligibility Maternity leave related information. Answers As per section( 46) of Bangladesh Labor Act 2006 will not get any leave. • Those who have worked less than 6 months • Those who fail to produce pregnancy proof orally or written • Those who have 2 or more surviving children, they can avail other leave(s)- sick/ annual/casual etc. <Common Question> Can a female worker take 16 weeks leave after childbirth without taking 8 weeks leave before childbirth? <Answer> No. In order to get 18 weeks leave under section 47 (1) (2) and (3), notice has to be given 6 weeks before the birth of the child and he has to go on leave from the next day. If a woman worker fails to give notice under section 47 (1) for any reason, she will give notice under section 47 (2). And will get only 8 weeks leave as per Section-47 (3) (b). 1. Eligibility According to Bangladesh Labor Act 2006 “Maternity benefit” means the sum of money payable under the provisions of Chapter IV to a woman worker with leave on the ground of her being a mother. As per section( 46) of Bangladesh Labor Act 2006, Right to maternity benefit and liability for its payment. Every woman worker shall be entitled to maternity benefit from her employer for the period of 8 (eight) weeks preceding the expected day of her delivery and 8 (eight) weeks immediately following the day of her delivery, and her employer shall be bound to give her this benefit. Provided that a woman shall not be entitled to such benefit unless she has worked under her employer for a period of not less than 6 (six) months immediately preceding the day of her delivery. Despite working for more than six months a woman is not entitled to maternity benefit if she has two or more surviving children. For example if a woman took a job in any companies on January 1, 2020 and informed her employer on May 4 that her EDD (Expected Date of Delivery) was on July 1. Now she wants maternity leave. But her working day is 4 months and 4 days, so As per section( 46) of Bangladesh Labor Act 2006 will not get any leave. 2. Duration of leave Although it has already been mentioned that the woman will get maternity leave 6 weeks just before delivery and 6 weeks immediately after delivery. Total 16 weeks or 112 days. Leave Duration (Sec 46): 16 weeks (8 weeks prior and 8 weeks post- delivery).If there is any other leave during maternity leave, it will be considered as maternity leave. According to Bangladesh Labor Act 2006 Section 47-4(a)(b) & ( c) certificate from a registered medical practitioner is produced stating that the woman is expected to be confined within 8 (eight) weeks the maternity benefit payable for 8 (eight) weeks preceding delivery shall be paid within 3 (three) working days following the production of the certificate, and such benefit payable for the remaining period shall be paid within 3 (three) working days of the production of proof that she has given birth to a child. According to Bangladesh Labor Act 2006 Section 47-(5) The proof which is required to be produced under sub-section (4) shall be either an attested extract from a birth register maintained under the Births and Deaths Registration Act, 2004 (Act No. XXIX of 2004) or a certificate given by a registered medical practitioner or such other proof as may be acceptable to the employer. 3. Required documents for taking leave 4.1 Methods of paying maternity benefits benefit payable for the remaining period shall be paid within 3 (three) working days of the production of proof that she has given birth to a child. According to Bangladesh Labor Act 2006 Section 47-(5) The proof which is required to be produced under sub-section (4) shall be either an attested extract from a birth register maintained under the Births and Deaths Registration Act, 2004 (Act No. XXIX of 2004) or a certificate given by a registered medical practitioner or such other proof as may be acceptable to the employer. 3. Required documents for taking leave According to Section 47 (4)(a)(b)(c) of the Bangladesh Labor Act, there are 3 (three) methods of paying maternity benefits as per the wish of a female worker. i. Payment of 8 weeks of salary within 3 days of submitting proof of pregnancy and remaining 8 weeks 3 days after submission of proof of delivery. ii. Payment of 8 weeks of salary within 3 days of submitting proof of pregnancy and remaining within 8 weeks after submission of proof of delivery. iii. The whole amount (16 weeks’ salary) within 3 days of proof of delivery In any of the three methods, any female worker can avail maternity benefits. According to Section 48 (1) & (2)of Bangladesh Labor Act 2006 Amount of maternity benefit: Total wages/ salary earned during the preceding 3 months prior to availing leave divided by the number of days actually worked (during that period) Calculation of maternity benefit: [( Total wages earned during the previous three months ÷ No. of days she actually worked during those three months ) X 112 day ] = Payment of Maternity Benefit for 16 weeks 4. Payment rate of Salary on this time