Yes, maternity leave is applicable to your LLP company in Mumbai, India, even if you only have 9 employees. This is in accordance with the Maternity Benefit Act, 1961 which applies to all establishments employing 10 or more people.
The Act provides for paid maternity leave of 26 weeks. The salary to be paid during this leave period is the same as the employee's regular pay. 📝Here is how you calculate it:
1. Determine the regular daily wage of the employee. This includes the employee's basic wage, dearness allowance (if any), and any other cash incentives. It does not include any kind of bonus or overtime pay.
2. Multiply the daily wage by the number of working days in a week (usually 6 days if Sunday is a non-working day). This gives you the weekly wage.
3. Multiply the weekly wage by the number of leave weeks (26 weeks for maternity leave). This gives you the total salary to be paid during the maternity leave.
🚦Please note that the Maternity Benefit Act, 1961 also requires employers to provide other benefits such as medical bonus, nursing breaks, etc.
Also remember that under the Act, no employer can lawfully employ a woman in the six weeks following the date of her delivery or miscarriage.
👩‍⚖️It's important that you comply with these regulations to avoid legal complications. If you need further clarification, don't hesitate to consult with a legal expert or your local labour office.
I hope this helps! If you need more guidance, feel free to ask.