Maternity Benefit Queries
1) Is it applicable even when 10 or more persons, who may all be men, all women, or a mix of them, are employed?
2) What is the definition of the word "person" as mentioned in the Act?
3) Does the applicability of 10 or more persons include the count of on-roll and off-roll employees?
4) For a company which has various branches in the same state or different states, is the applicability counted branch-wise, or is the total count taken?
5) Do the maintenance of Records (Form-10) and Annual Returns (Form-11) have to be done irrespective of whether women are employed or not?
Requesting the experts to clarify the points one by one for a better understanding.
Thanks.
From India, Aurangabad
Acknowledge(0)
Amend(0)
141) Is it applicable even when 10 or more persons, who may all be men, all women, or a mix of them, are employed?
2) What is the definition of the word "person" as mentioned in the Act?
3) Does the applicability of 10 or more persons include the count of on-roll and off-roll employees?
4) For a company which has various branches in the same state or different states, is the applicability counted branch-wise, or is the total count taken?
5) Do the maintenance of Records (Form-10) and Annual Returns (Form-11) have to be done irrespective of whether women are employed or not?
Requesting the experts to clarify the points one by one for a better understanding.
Thanks.
From India, Aurangabad
Acknowledge(0)Amend(0)
Applicability of the Maternity Benefit Act
For coverage or applicability of the Act, the number of employees does not mean women only. Therefore, if all but one employee is a man, the Act is still applicable, and only women shall be eligible to receive the benefits prescribed under the Maternity Benefit Act. For coverage, employees at all branches will be considered together. Similarly, when counting the number of employees, those engaged through a contractor or outsourced will be treated as employed. However, the outsourced employees will receive benefits from the contractor only if they meet the conditions of 80 days of work.
When payment is not made, no entry is required in the register.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
For coverage or applicability of the Act, the number of employees does not mean women only. Therefore, if all but one employee is a man, the Act is still applicable, and only women shall be eligible to receive the benefits prescribed under the Maternity Benefit Act. For coverage, employees at all branches will be considered together. Similarly, when counting the number of employees, those engaged through a contractor or outsourced will be treated as employed. However, the outsourced employees will receive benefits from the contractor only if they meet the conditions of 80 days of work.
When payment is not made, no entry is required in the register.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc