Is the Maternity Act Relevant for Partnership Firms? Seeking Policy Samples and Guidance

Dear HR,

Please let me know if the Maternity Act is applicable to partnership firms. If yes, please share some samples for creating a Maternity policy.

Thanks & Regards

Hi, Sir,

Thank you for your prompt response. My company is into Web & App development (IT Startup), started by 3 partners in 2018, so it's a partnership firm. Currently, 12 employees are working with us, which includes 3 females.

Could you please guide me on whether the Maternity Act will be applicable or not?

Thanks & Regards,
Shweta Kalra

Dear Shweta, any establishment in the IT and ITES sector would come under the State Shops and Establishments Act. Since the number of employees in your establishment is more than 10, the Maternity Benefit Act, 1961 is applicable to it as per sec. 2(1)(b) of the Act. In the absence of coverage of your establishment or any of the female employees under the Employees State Insurance Act, 1948, you have to extend the maternity benefits contemplated under the MBA, 1961 to such employees whenever the occasion arises.