How Can I Convince Management to Include Maternity Leave Benefits in HR Policies?

Dear all, I need a few suggestions from all respected knowledgeable persons. I've joined a startup retail company as an HR Manager to set up the HR department there. As per the Shop and Establishment Acts and labor laws, I am developing HR policies. I want to include maternity leave benefits in the HR policies, but the management is denying providing maternity benefits to their female employees.

Maternity Leave Benefits and Legal Compliance

My concern is, if a female employee becomes pregnant and has worked for more than 1 year in the company without maternity leave benefits, can she avail maternity benefits as per the Maternity Benefit Act?

Kindly guide me on the same. I am waiting for your valuable feedback and suggestions.

Thanks and Regards,
Shubhangi Shah

Compliance with Labor Laws

Compliance with labor laws is compulsory, and non-compliance may result in the prosecution of the employer. HR policies or service rules that violate the laws of the land are void ab initio. It would be advisable for you, as an HR Manager, to bring this to the attention of your employer. The eligibility condition of one year of service, as mentioned by you, has been reduced to 80 days since 1989. I hope you will examine the issue accordingly.

Maternity Benefits under the ESI Act

Furthermore, if your unit is covered under the ESI Act, 1948, eligible female employees will receive maternity benefits from ESIC upon fulfilling certain eligibility conditions.

Whether your company has maternity benefits or not, you have to pay maternity benefits to female employees under the Act, irrespective of your company's policy. As rightly pointed out by Mr. Mehta above, if the ESI Act is applicable in your organization, then maternity benefits will be provided under the ESI Act. There is no way you can deprive a female worker of such benefits.

Check out my blog at www.labourlawhub.com