Can Women in Small Private Companies Get Maternity Leave with Fewer Than 10 Employees?

Dear sir,

I want to know if, in a private limited company, women can get maternity leave if there are fewer than 10 employees.

Application of Labour Acts

The Act applies to every factory, plantation, or mine without reference to the number of workers employed. On the other hand, if yours is a shop or commercial establishment within the meaning of your state's Shops and Commercial Establishments Act, then there should be at least 10 persons employed during the preceding 12 months. The constitution of the company, such as Proprietorship, Partnership, Private Limited, or Public Limited company, does not have any bearing on the application of any Labour Act.

Regards, Madhu.T.K

The act doesn't mention the number of employees in an organization. All it says is that a woman working should complete 6 months' tenure before being eligible for maternity benefits under the law.

Please read section 2(1)(b) of the Maternity Benefit Act. You may also share the section where it is mentioned that in order to be eligible for maternity benefits, the woman employee should have worked for 6 months. In my understanding, it is 80 days over a period of 12 months immediately preceding the expected date of delivery.

Madhu.T.K