Dear all, as per which act should I comply with to calculate maternity benefit? I am confused a lot between these two variations. Which one should I follow?
Maternity Benefit Act 1961
Section 5. Right to payment of maternity benefit. - Subsection (3) – The maximum period for which any woman shall be entitled to maternity benefit shall be 26 weeks, of which not more than 8 weeks shall precede the date of her expected delivery.
Andhra Pradesh Shops and Establishment Act
Section 25. Maternity benefit. - Every woman who has been in continuous employment of the same employer for a period of not less than six months preceding the date of her delivery, whether in the same or different shops or commercial establishments, shall be entitled to receive from her employer for the period of:
(a) six weeks immediately preceding the day of delivery; and
(b) six weeks following the day of delivery; such maternity benefit and in such manner as may be prescribed:
Provided that no woman employee shall be entitled to receive such benefit for any day during any of the aforesaid periods on which she attends work and receives wages thereof.
From India, Hyderabad
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5Maternity Benefit Act 1961
Section 5. Right to payment of maternity benefit. - Subsection (3) – The maximum period for which any woman shall be entitled to maternity benefit shall be 26 weeks, of which not more than 8 weeks shall precede the date of her expected delivery.
Andhra Pradesh Shops and Establishment Act
Section 25. Maternity benefit. - Every woman who has been in continuous employment of the same employer for a period of not less than six months preceding the date of her delivery, whether in the same or different shops or commercial establishments, shall be entitled to receive from her employer for the period of:
(a) six weeks immediately preceding the day of delivery; and
(b) six weeks following the day of delivery; such maternity benefit and in such manner as may be prescribed:
Provided that no woman employee shall be entitled to receive such benefit for any day during any of the aforesaid periods on which she attends work and receives wages thereof.
From India, Hyderabad
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Maternity Benefit Act of 1961 vs. Andhra Pradesh Shops and Establishments Act
Since the Maternity Benefit Act of 1961 is a special legislation that makes provisions for maternity benefits, the provisions of the Act of 1961 would prevail over the Andhra Pradesh Shops and Establishments Act. In any event, the provisions in the Andhra Pradesh Shop Act are those that were available in the then-existing Maternity Benefit Act. The Act of 1961 has since been amended, and the amended provisions would prevail.
Regards, Shobhit Kumar Mittal
Labour Law Advisor
[Phone Number Removed For Privacy-Reasons], [Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
From India, Faridabad
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Since the Maternity Benefit Act of 1961 is a special legislation that makes provisions for maternity benefits, the provisions of the Act of 1961 would prevail over the Andhra Pradesh Shops and Establishments Act. In any event, the provisions in the Andhra Pradesh Shop Act are those that were available in the then-existing Maternity Benefit Act. The Act of 1961 has since been amended, and the amended provisions would prevail.
Regards, Shobhit Kumar Mittal
Labour Law Advisor
[Phone Number Removed For Privacy-Reasons], [Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
From India, Faridabad
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Maternity Benefits Act 1961.pdf
Maternity Benefits Under The Maternity Benefits Act 1961.docx