Applicability of Maternity Act to Private school Employees in Tamil Nadu

Dear Experts,

My organisation(Private school run by trust in Tamil nadu) is covered under ESI act, but many of our female employees are drawing salary more than the applicable limit so they are not covered under ESI. Will those employees be able to avail benefits from Maternity Act?

Dear Colleague,

In the case of Kerala the Kerala Government had made Maternity Benefit applicable to all Private Educational Institutions also in the year 2020. In case of Tamil Nadu the status is not clear and you may check with your AEO or DEO who will have clarity in the case of Tamil Nadu.

Every woman employee drawing a monthly salary of more than Rs.21000-00 and employed in an establishment to which the ESI Act,1948 is applicable would be covered by the Maternity Benefit Act, 1961 since the establishment automatically comes under the coverage as per the provisions of section 2(1)(b) of the latter.

Since the private school in question is already an ' establishment' under the ESI Act, any woman employee going out of the coverage of the ESI Act by virtue of her monthly salary exceeding the threshold, she would be eligible to claim all the maternity benefits under the MB Act,1961.

Dear Colleague,
Thanks for clarity from our Colleague. All the best. In the absence of any specific notification by State Government of Tamil Nadu for extension of Maternity benefit to Private Schools, then the " Establishment" definition of ESI / Maternity Benefit Act has to be taken into account as guided by our Colleague in the above reply. All the Best and God Bless.

Dear All,

Thanks you all for the support and instant replies...

Regards,
Sudha