Maternity Leave eligibility - LLP located in Pune, Maharashtra with 30 employees - CiteHR
Manojkamble
Sr. Hr Executive
Vinoth VS
Hr Compliance Specialist
Mugdha Vanjari
Hr Manager

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Our company is LLP type located in Pune, Maharashtra with having 30 employees. So is it mandatory to give our employee paid maternity leave for 26 weeks ? Please guide me for same because from somewhere I read company having more than 50 employees is only eligible to give maternity leave to employees.
Maternity Benefit Act is applicable to your organisation once you have engaged 10 employees. As per the recent amendment Maternity Leaves are extended to 8 weeks before the delivery and 18 weeks after the delivery.
For queries Write me to my G M A I L id: arvino.thehindu

Dear Mugdha,
I think somebody have confused you between maternity facility and creche facility. Maternity benefits are applicable to female associates once company employ 10 or more associates and creche facility is applicable once employment count reaches to 50 numbers. Thus yes you need to give benefit of 26 weeks maternity leave to your staff.

Thank you so much for your valuable suggestions.
Dear Members,
Can you give clarity w.r.t to
1 Creche facility
a) Does it specify the count should reach 50 in number in female associates in the company
b) 50 in mixed number in that particular branch.
c) 50 in mixed number the total employee count in Co.
2 Whats the alternate to creche
a) late sign in/ Early sign off for the day
b) payment inlieu for nearby creche facility
3) Rejoining after ML
a) How many months of LOP can be officially given post 6 months of ML
Thank you.

Dear Jayashree,
Please find response to your queries as below :
1 Creche facility - Count of 50 in ammendment is specified without any categorisation thus better to take a complate number of employees rather than only counding for female employees. Also, you may consider this as per branches.
2 Whats the alternate to creche - There is no alternate given in lieu of creche in the act. Yes you can make the payment in lieu for nearby creche but you need to be in agreement with that creche and payment or adjustement should be done by organisation and not by the employee. Secondly, as you are from mumbai thus the new ammendments which are about to be implemented soon if passed or Maharashtra Shops and Establishment Act then creche should be in the range on 1 KM only.
3) Rejoining after ML - Act only specify about the Maternity Leave and not about any LOP thus it is solely company descreation to allow or not.

Thank you Mr. Kamble.
Looking forward for the notification, with viability for employee and employer and clear execution process for people's person in the organisation for implementation.

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