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According to the maternity benefit act, 1961 where a woman employee is guilty of any gross misconduct :
the employer cannot dismiss or discharge her during the period of maternity leave.
the employer may dismiss or discharge her
the employer may dismiss or discharge her and even deprive her of the maternity benefit or medical bonus or both
none of the above
the employer may dismiss or discharge her and even deprive her of the maternity benefit or medical bonus or both.
The Maternity (Amendment) Bill 2017, an amendment to the Maternity Benefit Act, 1961, was passed in Rajya Sabha on August 11, 2016, in Lok Sabha on March 09, 2017, and received an assent from President of India on March 27, 2017. The Maternity Benefit Act, 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more employees.As per the Act, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days within the past 12 months. Payment during the leave period is based on the average daily wage for the period of actual absence.
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