31.Maternity benefit - (1) Every women employed in an establishment or who has been continuously employed in that establishment or in establishments belonging to the employer of that establishment for a period of not less than six months preceding the date of her delivery shall be entitled to receive, and the employer shall be liable to make to her a payment of maternity benefit which shall be prescribed by the Government for every day during the six weeks immediately preceding and including the day of her delivery and for each day of six weeks following her delivery.
Provided that no such payment shall be made for any day on which she attends work and receives payment thereof during the six weeks preceding her delivery.
(2) The manner in which the maternity benefit shall be payable may be prescribed by the Government.
R N KHOLA
20th June 2019 From India, Delhi
However if your estt. is covered under Shops & Comml.Estt Act the following provisions shall apply- (pl.refer appropriate states' S & E act for this purpose) -
TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947 (Quantum per year)
Privileged Leave/ 12 days
Casual Leave 12 days
Sick Leave 12 days
Maternity Leave - Provisions of Maternity Benefits Act, 1961 to apply.
Also pl.check whether there are some more employed as on 'contract' or casuals or daily wage basis, which might when added together could a/c for > 10 employees. In which case MB Act would apply without any doubt because together they are more than 10 employees and therefore entitled to MBs.
20th June 2019 From India, Bangalore