Madhu.T.K
Industrial Relations And Labour Laws
Nathrao
Insolvency N Gst Professional

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I wanted to know, whether private schools are entitled to follow the new amendment of maternity benefit act 2017?
As per the act, A teacher working in a private school is liable to get 26 weeks maternity leave from the employer?
In the act its not mentioned clearly about schools.
Please provide information for the same.

If you have at least ten employees, taking all the teaching and non teaching staff together, your school will come under the purview of Maternity Benefit Act. As such women employees having worked for 80 days in the 12 months preceding the expected date of delivery should be given 26 weeks leave with pay and medical bonus of Rs 3500.
Many of the schools are covered under ESI Act, 1948. In such cases, Maternity Benefit Act, 1961 is not applicable. Please check.
Just because a school is covered under ESI Act, how can you say that maternity Benefit Act is not applicable. It should be like,Maternity Benefit Act is applicable to schools and in respect of employees including teachers who are under the ESI (only those who get salary of Rs 21000 or less will be under ESI) the liability of paying 26 weeks salary and medical bonus, as applicable, will be taken care by the ESI Corporation.
Dear Mr. Madhu,
A short reply does not mean it is wrong. It is obvious that other conditions like 10 employees etc. should also be fulfilled. All such conditions are already there in the replies by other members.
Regards

Only myself had commented on the issue other than you. If you read what I had written, I had meant to say that the Maternity Benefit Act is applicable in the first instance and then only comes whose liability is it to provide maternity facility. Please read and then react.
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