Maternity Benefit Act: Does It Apply to Small Private Companies with Less Than 10 Employees?

Is the Maternity Benefit Act applicable to a private limited company with fewer than 10 employees?

The Maternity Benefits Act, 1961 applies to every establishment without reference to the number of employees employed or constitution, whether proprietary, partnership, or company form of organization.

Regards,

Madhu.T.K

Dear Mr. Madhu,

I need details regarding Maternity Benefits. Can you please help me in this regard.

Regards,
Subhra

As per the Maternity Benefit Act, a woman employee who has worked for at least 80 days during the 12 months immediately preceding the date of expected delivery is to be given leave with salary for 12 weeks. This can be availed as 6 weeks prior to the date of expected delivery and six weeks after the delivery. It is not mandatory that she should avail a 6-week leave prior to the date of delivery, but she can take the entire 12 weeks leave after the delivery.

For a miscarriage, the six weeks leave with salary is to be given without any reference to the qualifying service of 80 days.

The Act also provides for better treatment of pregnant employees regarding the nature of work and hours of work. According to the Act, termination of a woman employee during pregnancy or while she is on maternity leave is illegal.

The Act also provides for one month leave in addition to the maternity leave (3 months/12 weeks) already given for any reason connected to delivery as certified by a medical practitioner.

The provisions in the Maternity Benefit Act will not be applicable to employees who are covered by the ESI Act and are eligible for getting maternity benefits under the ESI General Regulations. (In fact, only those employees who are drawing a salary not more than Rs 10,000 are covered by ESI, and the eligibility is determined by the contribution paid and the benefit period corresponding to the contribution period for which the contribution has been paid)

Regards,

Madhu.T.K

Thanks for the reply. However, as per the information mentioned on the labor department website, the definition is:

". Application of Act.[FONT=&quot]-4[(1) It applies, in the first instance,-

(a) to every establishment being a factory, mine, or plantation including any such establishment belonging to the Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;

(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]

Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural, or otherwise."

So, as per the definition, it does not apply to us.

For maternity leave encashment calculations, what component is to be considered? Are we supposed to include conveyance as well?

Can anybody tell me about the ESIC Act? I am looking for information regarding eligibility and procedures under the ESI Act.

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My company is covered under the Shop and Establishment Act. It is a private concern, and more than 100 employees are working. I receive a salary above 10,000 rupees. Can anyone provide me with details about salary during maternity leave?

Dear sir,

Please guide me, is there any provision for ESIC-exempted women? As per the Employees' State Insurance Corporation (ESIC) Act, establishments where ESIC is applicable are not covered under the Maternity Benefit Act. However, if women employees have a gross income above Rs. 10,000, how can they avail of maternity benefits and leave?

Thank you.

Dear,

Then that woman employee will get maternity benefits under Section 5 of the Maternity Benefit Act, 1951. According to the definition of the woman as shown in Section 3(o) of this Act, 'woman' means a woman employed, whether directly or through any agency, for wages in any establishment. This means that there is no ceiling of wages under this Act.

Regards,

R.N. Khola

Nursing Breaks and Maternity Benefits

Nursing breaks should not be counted as idle time and should be paid breaks. It is implied; otherwise, there is no need for such a provision.

Eligibility for Maternity Benefits

If it is to be given until the baby attains 15 months, it means 15 months from the date of delivery.

To be eligible for maternity benefits from ESI, you should have completed nine months of service. If any employee is not eligible for maternity benefits from ESIC, the employer (the company under the rolls of which you are employed, not the government company where you are engaged) should take care of your maternity benefits as per the Maternity Benefits Act.

If you work for at least 80 days during the 12 months immediately preceding the date of delivery, you will be entitled to leave with pay for 12 weeks. You can avail of this leave either at a stretch after delivery or a portion of it (up to a maximum of 6 weeks) before the date of delivery and the remaining weeks after delivery.

Regards,
Madhu.T.K