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HR@Bootstart
1

I joined as a HR recently. We are not filing the return under maternity benefit act, so are our women employee is eligible for benefits under maternity benefit act? Request you to share the procedure for filing the same.
From India, Pune
Madhu.T.K
4193

The filing of returns has nothing to do with application of the Act. If you are a factory, mine or plantation then the women employee should get maternity benefits. If yours is a shop or commercial establishment employing 10 or more employees, you should give maternity benefits to the women employees. The only exemption is in respect of women employees who are covered by ESI for whom the leave and other benefits will be given by the ESI Corporation.

Filing annual returns under the Rules is secondary and its non filing is a non compliance and no way it will make the employees not eligible to the benefits under the Act.

From India, Kannur
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