Company Doesn't Have Maternity Leave Benefit

Dear all,
Need few suggestions from all respected knowledgeable person. I've joined a startup retail company as a HR Manager, to setup HR department over there. As per the shop & establishment acts, and as per the labour laws, I am making HR policies. I want to include Maternity leave benefit into the HR policies, but management is denying to provide maternity benefit to their female employees.
My concern is, if a female employee become pregnant and worked above 1 year in the company and company does not have maternity leave benefit. Can she avail maternity benefit as per the maternity benefit act.
Kindly guide me on the same. Waiting for your valuable feed backs & suggestions.
Thanks & Regards,
Shubhangi Shah

1. Dear member, compliance of labour laws is compulsory and non-compliance thereof may result into prosecution of the employer. HR policies or service rules which are in violation of the laws of the land are void ab-initio. It is, therefore, more better if you being as HR Manager may bring all this to the notice of your employer. The eligibility condition of one years service as mentioned by you has been reduced to 80 days since year 1989. Hope, you will examine the issue accordingly.
2. Further, in case your unit is covered under ESI Act, 1948 then the eligible woman employees will be provided maternity benefit by ESIC on fulfilment of certain eligibility conditions.

Whether your company has maternity benefit or not, you have to pay maternity benefit to the female employees under the Act irrespective of your company's policy. As rightly pointed out by Mr. Mehta above, if ESI Act is applicable in your organisation, then maternity benefit will be provided under the ESI Act.
No way you can deprive a female worker out of such benefit.
Check my blog at www.labourlawhub.com