Dear Team, Can anyone help with to understand as all the private companies are following the maternity benefits which is declared by the government from 2017 act i.e. 26 weeks maternity leave for female employees, but being a small company is it ok if we provide 3 months paid leave to the female employees, Please clarify my doubt.
Thanks in Advance.

From United States, Old Westbury
Dear Singamsetty,

Irrespective of the size of the individual establishment, certain labor laws apply to all establishments alike; certain other labor laws are made by the law makers applicable to establishments taking their size into account mostly with reference to the maximum no of employees once employed by them. The Maternity Benefit Act,1961 is one such labor law falling into the latter category and you will easily understand this concept by carefully going through the provisions of section 2 of the Act which deals with the application part of the Act. If you analyze this concept of certain no of employees employed in an establishment as a threshold as well as a necessary ingredient for the application of a labor law still a bit more deeply and dispassionately, you will agree that the purpose of such law is to provide a security net to the employees in the long run particularly to women as an occasional extra benefit based on social justice commensurate with the employer's ability to bear such additional burden. Moreover, grant of statutory maternity benefit to working women is based on the convention of the International Labor Organization which is ratified by the Government of India like many other countries in the world.

Therefore, there is no point in asking for any relaxation based on the smallness of your Company. You have to fully comply with the provisions of the Act as and when they are amended from time to time.

Failure to do so on any irrelevant reason like the one cited in your post would entail penalties prescribed under the Act.

From India, Salem
Dear Sir, Thank you so much for guiding me. we always respect our employees rights , we surely follow the act . Thanks & Regards, Sravanthi. S
From United States, Old Westbury
Dear Colleague,

Our senior colleague has correctly clarified the legal position as is applicable to India.

It is not clear from your post as to whether you are referring to an establishment in India or USA.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai

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