Hi,
Our company is registered under company\'s act 1956 and it has completed its 2 yrs. of establishment. It’s an IT company and as of now we are having total 15 employees working with us. One of our female employee has given an application for maternity leave but we do not have any provision for maternity leaves under our leave policy.
I would like to know as an employer whether we have to follow the maternity benefit compliance and what all provisions of the Act would be applicable to our company. In case we do not allow for maternity leave then what will be the implications on employer.
From India, Pune
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Our company is registered under company\'s act 1956 and it has completed its 2 yrs. of establishment. It’s an IT company and as of now we are having total 15 employees working with us. One of our female employee has given an application for maternity leave but we do not have any provision for maternity leaves under our leave policy.
I would like to know as an employer whether we have to follow the maternity benefit compliance and what all provisions of the Act would be applicable to our company. In case we do not allow for maternity leave then what will be the implications on employer.
From India, Pune
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Dear Member,
The Maternity Benefit Act, 1961 applies to a factory, mine, or plantation, as well as to shops and establishments. The terms factory, mine, or plantations have been defined in the respective Acts, namely the Factories Act, Plantation Labour Act, and Mines Act. The terms shops and establishments have been defined as places where ten or more persons are/were employed. However, the appropriate State Government has the power to extend the provisions of the above Acts to other establishments/shops.
Firstly, as an employer, you must examine the legal status of your company, i.e., whether it falls under the category of a 'factory', 'shop', or 'establishment' as per the provisions of the above Act.
Secondly, please ascertain whether the provisions of the above Act are applicable to your company. In my opinion, if the provisions of the above Act are applicable to your company, compliance must be ensured regardless of the company's policies. Even if the company does not have a specific policy in place, it is essential to adhere to the laws of the land as they are enforceable.
With regards;
From India, Noida
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944The Maternity Benefit Act, 1961 applies to a factory, mine, or plantation, as well as to shops and establishments. The terms factory, mine, or plantations have been defined in the respective Acts, namely the Factories Act, Plantation Labour Act, and Mines Act. The terms shops and establishments have been defined as places where ten or more persons are/were employed. However, the appropriate State Government has the power to extend the provisions of the above Acts to other establishments/shops.
Firstly, as an employer, you must examine the legal status of your company, i.e., whether it falls under the category of a 'factory', 'shop', or 'establishment' as per the provisions of the above Act.
Secondly, please ascertain whether the provisions of the above Act are applicable to your company. In my opinion, if the provisions of the above Act are applicable to your company, compliance must be ensured regardless of the company's policies. Even if the company does not have a specific policy in place, it is essential to adhere to the laws of the land as they are enforceable.
With regards;
From India, Noida
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PS. In case your establishment/company is covered under the provisions of the E.S.I. Act, 1948, and you, as the employer, are ensuring compliance by submitting returns, etc., for the said employee, then the payment of maternity benefits is to be made by the appropriate Branch Office of ESIC. In that event, the provisions of the Maternity Benefit Act, 1961, as mentioned in the above remarks, will not be applicable to employees covered under the ESI Act, 1948.
With regards;
From India, Noida
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With regards;
From India, Noida
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As per Maternity Act, 1961
Eligibility: Sec 5
• Women including temporary or unmarried are eligible for maternity benefit when she is expecting a child and has worked for at least 80 days in the 12 month immediately preceding the date of her expected delivery.
From India, Kota
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Eligibility: Sec 5
• Women including temporary or unmarried are eligible for maternity benefit when she is expecting a child and has worked for at least 80 days in the 12 month immediately preceding the date of her expected delivery.
From India, Kota
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Creche under Maternity Benefit Act.pdf