Maternity Benefits (Amendment)



Maternity Benefits (Amendment)
AN ACT TO AMEND THE MATERNITY BENEFITS ORDINANCE

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-

[28th August
, 1981
]
Short title.

1. This Act may be cited as the Maternity Benefits (Amendment) Act, No. 52 of 1981.

2 Amendment of section 3 of Chapter 140.

2. Section 3 of the Maternity Benefits Ordinance (hereinafter referred to as the ” principal enactment”) is hereby amended by the repeal of subsection (1) of that section, and the substitution therefor of the following subsection:”

“(1) The period for which any woman shall be entitled to the payment of maternity benefit shall be six weeks, that is to say, two weeks up to and including the day of her confinement and four weeks immediately following that day:

Provided, however, where such woman has worked in her employment for any number of days during the aforesaid period of two weeks, she shall be entitled to the payment of maternity benefit for that number of days after her confinement commencing from the day immediately after the date on which the aforesaid period of four weeks end. “.

Amendment of section 5 of principal enactment.

3. Section 5 of the principal enactment the is hereby amended as follows :”

(1) by the repeal of subsection (1) of that section, and the substitution therefor of the following subsection:”

“(1) Subject to the provisions of subsections (3) and (4), the employer of a woman worker shall pay to such worker maternity benefit at the prescribed rate for the entirety of the period of two weeks immediately preceding her confinement and of the period of four weeks immediately following her confinement:

Provided, however, where such woman worker has worked in her employment on any day during the period of two weeks immediately preceding her confinement, she shall be entitled to maternity benefit, for that day and for that part of the period which precedes that day, after her confinement, “; and

(2) by the repeal of subsection (2) thereof.

Amendment of section 7 of the principal enactment.

4. Section 7 of the principal enactment is hereby amended as follows:”

(a) by the repeal of subsection (4) of that section, and the substitution therefor of the following subsection:”

” (4) The employer shall, on receipt of a notice from a woman worker under subsection (1) or subsection (2), permit that woman worker to absent herself from employment for two weeks immediately preceding, and four weeks immediately following, her confinement:

Provided, however, where such woman worker has worked in her employment for any number of days during the aforesaid period of two weeks, she shall be permitted to absent herself from employment for that number of days after her confinement, commencing from the day immediately after the date on which the aforesaid period of four weeks ends.”; and

(b) by repeal of subsection (5) of that section.