Maternity Leave And Medical Insurance - CiteHR
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
+2 Others

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Another query regarding maternity leave. is there a minimum of employees for the organisation to provide maternity leave to employees? We are presently at 12 employees and are a 8 month old establishment. Also is it a mandate for medical insurance to be provided by the organisation? We are a studio, and are registered under the shops and establishments act.
1. Sir, the Maternity Benefit Act, 1961 is applicable to "every shop and establishment" in which ten or more persons are employed or were employed" (Section 2 of the said Act).
2. Women employee is entitled for the maternity benefit if she "has actually worked in an establishment.......for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery" (Section 5(2) of the said Act.).
3. Please also see whether the establishment in which you are working is covered under ESI Act, 1948. If so, the maternity benefit is also one of benefit under said ESI Act, 1948.

If you are asking about MB Act the applicability is for establishment employing 10 or more persons or such number as amended by state Govts.It is not applicable to establishments covered under ESI Act subject to section 5A & 5B of MB Act.
1. Sir, I understand that for smaller units falling under Shops & Commercial Establishment Acts, there appears to be no statutory liability to provide health insurance to its employees. You can confirm the same from the Shop & Commercial Estt. Act of the appropriate government in the jurisdiction of which your organisation is located.
2. However, in respect of establishments which are covered under ESI Act, there is provision for medical facilities in the said scheme, which is to be provided by ESIC.
3. In cases of accidents falling under Employees' Compensation Act, 1923, I think, the employer is required to provide for medical aid to the employee who suffered accident in the course and out of employment.

For an establishment employing less than 10 employees, obviously, the ESI Act will not be applicable. In such an establishment it is not legally mandatory to cover the employees under any insurance scheme. However, Employees (workmen) Compensation Act which makes it obligatory to compensate the loss due to accidents and death during the course of employment will be applicable to shops also. Moreover, the visualisers, darkroom artists etc in a studio are exposed to toxic materials leading to occupational diseases listed in Schedule III of the Workmen's Compensation Act. Therefore, it is advisable to insure the employees against such diseases also.

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