Dear Seniors, Our company is not having any maternity policy to date. Now we have two maternity cases. Do we need to enact the policy in our company? The maternity case is from our branch office (sales office) where staff is less than 10. Please advise.
From India, Noida

It is not clear as to whether the sales branch office is to be treated as separate or it will be the cumulative total. More facts are needed to examine this. Whether the applicability is there or not (employee strength >10) it will be a laudable welfare measure to have maternity benefit provided to the women employees eligible as per the MB Act 1961.
From India, Mumbai
Our company is not having any maternity policy to date?
That's a different matter , where female employees work MB Act 1961 is applicable .
Now we have two maternity cases?
Treat both cases as per MB Act 1961. its compulsory for every organization.

From India, Noida
If any female employee working in the company from atleast 9 months. She is applicable for MB benefits
As per the MB Act 1961, Make a MB proposal and place the MB proposal in front of the management.
It is compulsory for every company, if a woman works in the company. No company can deny the MB Act 1961.
Try to convince the company management that a female employee can file a case against the company. If the company refuses to give benefits.

From India, Noida
You have mentioned that in your sales office, there are less than 10 employees

The act says that it applies to any establishment with more than 10 employees

Sec 2 (e) of the act says "establishment" means--

(i) a factory;

(ii) a mine;

(iii) a plantation;

(iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;

(iva) a shop or establishment; or

(v) an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable;

Since the sales office probably have a shop and establishment license, it is covered in the definition above. If it has less than 1o employees, i suppose it is exempt.

However, you also need to check the shop & establishemnt act of your state because some of the states have put in additional clauses extending the applicability of the Maternity Benefit Act to offices with less than 10 employees.

In spite of the exemption, if your management is willing to follow the law, it is good. You can not make an assumption, so you should officially intimate them of the cases and ask whether they would like to cover the employees even if not strictly applicable

From India, Mumbai

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