Does the Maternity Benefit Act Cover All Industries, Including Service Sectors? Urgent Help Needed

Hi everyone,

I have a doubt regarding the Maternity Benefit Act. Does this act apply everywhere, i.e., in all industries? Can it apply in a service industry as well?

This is an urgent request. Please clarify my query at the earliest.

Thanks and regards,
Simran

Dear Simran,

The Maternity Benefit Act is applicable as mentioned below:

(1) It applies, in the first instance, 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.

It also applies to every shop or establishment within the meaning of any law currently 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.

Hope this will help you.

Regards,

Abhishek

Hi Abhishek,

Thank you very much for the information. I am working in a service industry with an employee strength of 45. So, will the act apply in my company as well?

Another thing is that according to the Act, an employee is entitled to 12 weeks of leave with pay (six weeks each before and after delivery). I wanted to know if this is the minimum limit or can a company provide entitlement for less than 12 weeks?

I really appreciate your prompt response.

Regards,
Simran

In my opinion, your company is also covered. You can confirm with some legal officer, if any, in your company. You can also consult your regional Shops and Establishment Act. Following are the points to be remembered:

1. No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

2. The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.

3. Notice of claim for maternity benefit and payment thereof.-

(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.

(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case, an Inspector may either of his motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

Dear Simran,

Thank you so much for the help. To add to what Abhishek has mentioned, in case a female employee suffers from an illness arising out of pregnancy or if she delivers a premature baby, in such instances, the female employee is entitled to an additional leave of 4 weeks.

Regards,
Abhijit

According to the Act, no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

I hope this answers your query.

Regards,
Simran

Yes, Simran, it applies to every organization, even in the service industry. There are two laws that cover maternity benefits. Female employees are covered under ESI and would follow the provisions as defined in that act. Female employees who are excluded from ESI would get covered under the Maternity Benefits Act. You may read both these acts.

Regards,
Rajeev

I'm sorry, Simran, but it's still not clear. Not less than 80 days fine. But what if someone has served only for 6 months and not a full 12 months preceding the leave period? GG

It means that one needs to work for a minimum of 80 days in the 12 months preceding the expected date of delivery. This means that if you have not worked for 80 days, you cannot avail the benefit. A person might not have worked for 80 days in 12 months if she was on leave, so she cannot avail the benefit.

I hope I am making sense. If it's still not clear, I'll try and explain it again.

Regards,
Simran

And yes, one can work for 80 days in 3 months, so this person would be able to avail the benefit. Now, I guess it makes more sense.

Regards,
Simran

Hi everyone!

Inviting you all to read, comment, and participate in brainstorming on maternity benefits for adopting couples in corporate India. See my blog on Trainers & Mentors for more information: [Trainers & Mentors Blog](http://trainersnmentors.blogspot.com/).

Cheers,
Sanjay