Maternity Benefit Under Bombay Shop & Establishment Act - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Tsivasankaran
Consultant
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
+1 Other

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Dear friends,
i am working in organization since last one year. My organization is covered under bombay shop & establishment act. Kindly let me know whether i am eligilble for maternity benefit under the act. As i have to claim for the same. Please give me detail explanation in brief.
Sonali

The Maternity Benefit Act will be applicable to establishments covered under the Shops and Commercial Establishments.
Maternity benefit consists of 84 days leave with salary and a maternity bonus of Rs 3500. Of the maternity leave of 12 weeks, 6 weeks leave shall be taken before child birth though it is not mandatory that you should avail this 6 weeks leave before delivery.
A woman employee who had worked at least for 80 days during the 12 months immediately preceding the date of delivery is entitled to get the above said leave.
In case of employees covered by ESI, the payment for the above said will be paid by the ESIC. However, ESIC will give the benefit only if the delivery takes place during her benefit period and only if the said employee had worked at least for 70 days during the two contribution period. If she is not eligible to get the benefit from ESIC, certainly, the company will have to pay it.
Regards,
Madhu.T.K

Dear Madhu ji,

With due respect to you Sir, I wish to correct that, this Act is applicable to every factory, mine or plantation and to every shop and establishment in which ten or more persons are employed or were employed.

The Section 2 of the Act runs as under:

2. Application of Act.-

(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.

(2) Save as otherwise provided in [sections 5A and 5B], nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 apply for the time being.

Thanks and regards.

Keshav Korgaonkar

Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from

Are you covered under ESI? If you are covered under ESI, you can claim benefits from ESIC If you are not covered under ESI, then Maternity Benefit Act is applicable\ Sivasankaran
It is payable without reference to date of child birth or rejoining duty after the maternity leave. Therefore, salary for the days one remained absent due to maternity is to be credited to her as if she had worked the whole wage month. In fact, there is a provision for payment of maternity benefits in advance.
Madhu.T.K

Dear friends,
i am working in prvt. sector. My organization is covered under bombay shop & establishment act. Kindly let me know whether i am eligilble for maternity benefit under the act?. Please give me detail explanation in brief.
it extended for 26 week? its true?

The reply we have given in response to Sonali applies to you also. Please read.
The number of leave has not been increased though there was some announcement regarding this. Therefore, the leave is still 12 weeks or 84 days only
Madhu.T.K

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