Hi everyone
I have a doubt regarding the maternity benefit act.
Does this act apply everywhere i.e. in all the industries? Can it apply in a service industry also?
This is an urgent request. Please clarify my querry at the earliest.
Thanks and regards
Simran
From Germany
I have a doubt regarding the maternity benefit act.
Does this act apply everywhere i.e. in all the industries? Can it apply in a service industry also?
This is an urgent request. Please clarify my querry at the earliest.
Thanks and regards
Simran
From Germany
Dear Simran,
Maternity Benefit Act is applicable as mentioned below-
(1) It applies, in the first instance,--
(a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;
(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:
Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.
Hope this will help you.
Regards
Abhishek
From India, New Delhi
9Maternity Benefit Act is applicable as mentioned below-
(1) It applies, in the first instance,--
(a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;
(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:
Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.
Hope this will help you.
Regards
Abhishek
From India, New Delhi
Hi Abhishek
Thanks a lot for the information.
I am working in a service industry with an employee strength of 45. So will the act apply in my company also.
Another thing is that Acc to the Act, an employee is entitled for 12 weeks of leave with pay (six weeks each before and after the delivery). I wanted to know is this the min limit or any company can give entitlement less than 12 weeks also?
I really appreciate your prompt response.
Regards
Simran
From Germany
Thanks a lot for the information.
I am working in a service industry with an employee strength of 45. So will the act apply in my company also.
Another thing is that Acc to the Act, an employee is entitled for 12 weeks of leave with pay (six weeks each before and after the delivery). I wanted to know is this the min limit or any company can give entitlement less than 12 weeks also?
I really appreciate your prompt response.
Regards
Simran
From Germany
In my opinion your company is also covered. You can confirm with some legal officer, if any, in your company. You can also consult your regional shops and establishment act. Following are the points to be remembered:
1. No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
2. The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery
3. 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 Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act 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 six 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 the 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 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 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 Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector 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.
From India, New Delhi
1. No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
2. The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery
3. 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 Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act 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 six 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 the 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 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 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 Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector 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.
From India, New Delhi
Dear Simran
To add to what Abhishek has quoted, incase female employee suffers from illnes arising out of pregnancy,or if she delivers premature baby on such instanses female employee is entitled for additional leave of 4 weeks
Regards
Abhijit
To add to what Abhishek has quoted, incase female employee suffers from illnes arising out of pregnancy,or if she delivers premature baby on such instanses female employee is entitled for additional leave of 4 weeks
Regards
Abhijit
Acc to the Act, No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
I hope this answers your querry
Regards
Simran
From Germany
I hope this answers your querry
Regards
Simran
From Germany
Yes Simran, it applies to every organisation even in Service Industry. There are two laws which cover Maternity Benefit, females employees are covered under ESI, would follow the provisions as defined in that act and female employees who are exluded from ESI, woud get covered under Maternity Benfits Act. You may read both these acts.
Regards
Rajeev
From India, Mumbai
Regards
Rajeev
From India, Mumbai
i m sorry simran, but its still not clear. not less than 80 days fine. but what if some one has served only for 6 months & not a full 12 months preceding the leave period? gg
From India, Bangalore
From India, Bangalore
It means that one needs to work for minimum 80 days in 12 months preceding the expected date of delivery. This means that if you have not worked for 80 days you can not avail the benefit. A person might not have worked for 80 days in 12 months if she was on leave, so she can not avail the benefit.
I hope I am making sense.
If its still not clear I'll try and explain it again.
Regards
Simran
From Germany
I hope I am making sense.
If its still not clear I'll try and explain it again.
Regards
Simran
From Germany
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc