Maternity Benefits Confusion: Why Did I Only Receive Rs 5000 Instead of Full Wages?

Hi, I just want to know the maternity benefit under the Shops and Commercial Establishments Act. The Act states three months of minimum wages. However, an employee has only received a fixed amount of Rs 5000. Please advise.

Maternity Benefit Act Coverage

There is no separate Maternity Benefit Act under the Shops & Commercial Act. The Maternity Benefit Act of 1947 is common for all establishments. An employee should receive 12 weeks of salary/wages, including all allowances as applicable, when she proceeds on maternity leave.

Applicability of the Maternity Benefit Act

Please see section 2(b) of the Maternity Benefit Act. This section states that the Maternity Benefit Act is applicable to every shop or establishment in which ten or more persons are employed or were employed on any day during the preceding twelve calendar months. The proviso to this section empowers the State Government to extend the provisions of the Maternity Benefit Act to any other establishment.

In view of this, the Maternity Benefit Act will be applicable if the shop/establishment you mentioned employs or had employed ten or more persons during the preceding twelve calendar months. If this condition is not fulfilled, then you need to check whether the Government of the State in which the shop/establishment is situated has extended the provisions of the Maternity Benefit Act to shops/establishments employing less than ten persons.

With regards,