Nathrao
Insolvency N Gst Professional
Srinath Sai Ram
Hr Manager
+1 Other

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Hi Everyone,
We are a small company and have almost 50% women employees. We are reviewing our policies and in process need to update the maternity benefit policy as well. Considering the last amendment, which recommends 26 weeks of paid leave to employees seems to be little impractical for us. Can we split the leaves between with pay and without pay?
Also the act says the "maximum of" when it comes to duration, doesn't that give us a flexibility to keep a less than 26 weeks as a paid leave?

From India, Bangalore
Dear Ravi Pratap, once The Maternity Benefit Act, 1961 is made applicable, it continues to be applicable irrespective of the Size of the Establishment.Consequently all benefits should be as mentioned therein i.e 26 Weeks.Further, Statutory benefits can not be reduced/Modified by Individual Employers
From India, New Delhi
You have no choice but to follow MB Act as amended. Take out insurance policy for gratuity payments as laid down in the Act.
From India, Pune
Dear Ravi Pratap,
As stated by seniors here if MB act is applicable it is applicable. Beyond that if the workmen are getting the benefit of ESI, relevant facilities of MB Act are also covered in ESIC, please check and make aware your team/Management, instead of reviewing your policies.

From India, Hyderabad
Thanks everyone, since the employee covered under ESIC get maternity benefit covered by the government, are we saying that the any organisation needs to have two set of policies depending on employee's coverage under ESIC?
From India, Bangalore
No need to have two set of policies dear, make a sub-clause in the statement of the policy itself stating that whichever (MB Act/ESIC) is applicable shall play the role.
From India, Hyderabad
Anonymous
hello all, If employee is covered under ESIC, then employer need not to pay her salary is it? What is the pre-requisite to get ESIC benefits?
From India, Pune
No employer need not pay, and also has to confirm ESIC that she was not paid any wages/salary during such period,was on leave for such period.
From India, Hyderabad
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