Maternity Leave Dilemma: How to Handle Requests When ESIC Isn't Applicable?

I am working with an organization as an HR Executive where ESIC is not applicable. The number of female employees is less than 10 as per the Maternity Act of 1963. One of our female employees is asking for maternity leave. She has worked more than 80 days in the year. What should I do? Please give suggestions.

Thank you.

Applicability of the Maternity Benefit Act, 1961

1. Firstly, decide the applicability of the Maternity Benefit Act, 1961, to your organization (Section 2 of the said Act). For coverage under this Act, there must be the employment of "persons" and not only "female employees," as you have mentioned in your thread above. If the number of persons employed exceeds the coverage limit, maternity benefits are payable even if there is only one woman employee (claimant).

Eligibility for Maternity Benefits

2. After ascertaining the coverage of your unit under the above Act, please examine and decide the eligibility of the female employee regarding maternity benefits under the said Act (Section 5 of the said Act).

The detailed procedure for the payment of Maternity Benefit to eligible female employees is generally mentioned in the rules framed by the appropriate government. Therefore, in my opinion, you should also review and study such rules. The term "appropriate government" is defined under section 2(a) of the Maternity Benefit Act, 1961. Please also refer to section 2 of the said Act.

After reviewing the provisions of the Act and the rules framed thereunder, you can determine the eligibility of the female employee under the Act. As an HR professional, you should submit your recommendations or views to your higher authority or employer and decide the issue accordingly, as per the orders of the competent authority in your establishment.

I think you are working in an organization in the area of Maharashtra. If so, the rules as framed by the State Government under the Act will also be applicable for compliance, as mentioned earlier.

In my opinion, there is no utility in reading old and lengthy books on the subject because there are often amendments in labor laws that are not reflected in older books. I suggest that you purchase an updated Bare Act of the Maternity Benefit Act, 1961, along with the Rules framed by the Maharashtra Government (if applicable) and decide the issue accordingly.

As I understand, for entitlement, it is mentioned in the Act that "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 (Section 5(2))." There are exceptions and explanations in this section that you should review before making a decision. The eligibility conditions were previously "one hundred and sixty days," which were amended in 1989.

The provision of medical allowance is mentioned in Section 8 of the Act. As per my information, it is presently Rs. 3500/- to be paid under certain conditions specified in the Act. I hope you will take action in accordance with the provisions of the Act and the rules applicable in your case.

Regards