Dear Sir / Madam
Can some me help me out for this query !
Who is entitled to Maternity leave
1. Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit.
But in Karnataka Shops and commercial extablishment act ,1961, there is column in the form - "Combined Annual return " where it is mentioned under the Particulars of Maternity benefits: Point 1. Total No. of women workers who worked for a period of 160 days in the last 12 months immediately preceeding the date of delivery.
So is it 80 days or 160 days, which one to be taken for calculations.
Thanks and regards

From India, Bangalore
Partner - Risk Management
Industrial Relations
Retired Government Servant/advocate
Kumaran Praveen
+1 Other

Kumaran Praveen

Hi Buddy,
According to Maternity Act-1961, Sec-3(O) Women means a woman employed directly or through any agency for wages in any establishment hence both the category of women which you mentioned above is eligible to claim maternity benefit.
And according to maternity act it is 80 days has to be taken for calculation purpose.
With Regards
Mr.Thumbs Up

From India, Chennai

The old rule was 180 days, probably the Karnataka government forms have not been updated The provisions of the maternity benefits act will apply - 80 days
From India, Mumbai

Dear Mr. Paul
Mr. Saswata Banerjee has given you the correct reply. Earlier it was 180 days. But the same is changed and presently if any female employee worked for 80 days then she will be eligible to get the Maternity Leave (Both Real mother & Surrogate Mother).

From India, Kumbakonam

What matters is the statutory provisions. The incorrect detail in the form is of no consequence and could be ignored.
From India, Kochi

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