Are Our Women Employees Missing Out on Maternity Benefits Because We Aren't Filing Returns?

I joined as an HR recently. We are not filing the return under the Maternity Benefit Act, so are our women employees eligible for benefits under the Maternity Benefit Act? I request you to share the procedure for filing the same.

The filing of returns has nothing to do with the application of the Act. If you are a factory, mine, or plantation, then the women employees should receive maternity benefits. If your business is a shop or commercial establishment employing 10 or more employees, you should provide maternity benefits to the female employees. The only exemption is for women employees covered by ESI, for whom leave and other benefits will be provided by the ESI Corporation.

Filing annual returns under the rules is secondary, and its non-filing constitutes non-compliance. However, it does not affect the eligibility of employees for benefits under the Act.