Confused About Maternity Benefits for Small IT Start-ups? Let's Clarify the Rules Together

Hi Members, with reference to the Maternity Benefit Act, I need help on two points for an IT start-up company with a total of 12 employees, of which 5 are women.

Strength of Employees for Maternity Benefit Act

1. What should be the strength of employees and women employees for this act to come into force? There is confusion as it's written that this act applies to organizations with 10 or more persons employed. However, many say that more than 10 women should be working in an organization for this Act to come into force.

Eligibility for Maternity Benefits

2. How many days must a woman have worked in an organization to avail maternity benefits for 6 months as per the recent amendment?

Thank you.

Employee Strength for Act Enforcement

What should be the strength of employees and women employees for this act to come into force? There is so much confusion as it's written that this act applies to organizations with 10 or more persons employed; however, many say that more than 10 women should be working in an organization for this act to come into force. Please consider it as the complete strength rather than taking only the count of female employees, as nowhere is it mentioned about the count of female employees only. It states 10 employees, which can be construed as the total number of employees only.

Eligibility for Maternity Benefits

How many days must a woman have worked in an organization to avail maternity benefits of 6 months as per the recent amendment? A female employee has to work for a minimum of 80 days before the date of delivery to claim the benefit.

Yes, you are eligible under this act if you have engaged 10 employees in your organization.

Eligibility for Maternity Benefits

A woman is eligible for maternity benefits if she has worked for eighty days in your organization.

For queries, please write to me at my Gmail id: [Email Removed For Privacy Reasons]

Act Reference for Eligibility

No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

Dear Manjari,

You are not sure whether you have been engaged as an "Employee." Please refer to your appointment letter to get clarity on the subject. You have also stated that you have been paid a professional fee and not a salary. Please note that professionals do not come under the purview of the Act.