Can someone help me out with this query? Who is entitled to maternity leave? Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefits.
Karnataka Shops and Commercial Establishments Act of 1961
In the Karnataka Shops and Commercial Establishments Act of 1961, there is a column in the form "Combined Annual Return" where it is mentioned under the Particulars of Maternity Benefits: Point 1. Total number of women workers who worked for a period of 160 days in the last 12 months immediately preceding the date of delivery.
So, is it 80 days or 160 days that should be taken for calculations?
Thanks and regards,
Paul
From India, Bangalore
Acknowledge(0)
Amend(0)
Karnataka Shops and Commercial Establishments Act of 1961
In the Karnataka Shops and Commercial Establishments Act of 1961, there is a column in the form "Combined Annual Return" where it is mentioned under the Particulars of Maternity Benefits: Point 1. Total number of women workers who worked for a period of 160 days in the last 12 months immediately preceding the date of delivery.
So, is it 80 days or 160 days that should be taken for calculations?
Thanks and regards,
Paul
From India, Bangalore
Acknowledge(0)Amend(0)
Hi Buddy,
According to the Maternity Act of 1961, Sec-3(O), "Women" means a woman employed directly or through any agency for wages in any establishment. Therefore, both categories of women you mentioned above are eligible to claim maternity benefits. Additionally, according to the Maternity Act, 80 days must be taken into account for calculation purposes.
With Regards,
Mr. Thumbs Up
From India, Chennai
Acknowledge(0)Amend(0)
105According to the Maternity Act of 1961, Sec-3(O), "Women" means a woman employed directly or through any agency for wages in any establishment. Therefore, both categories of women you mentioned above are eligible to claim maternity benefits. Additionally, according to the Maternity Act, 80 days must be taken into account for calculation purposes.
With Regards,
Mr. Thumbs Up
From India, Chennai
Acknowledge(0)Amend(0)
The old rule was 180 days, probably the Karnataka government forms have not been updated The provisions of the maternity benefits act will apply - 80 days
From India, Mumbai
Acknowledge(2)Amend(0)
From India, Mumbai
Acknowledge(2)Amend(0)
Dear Mr. Paul,
Mr. Saswata Banerjee has provided you with the correct reply. Previously, it was 180 days. However, this has now changed. Currently, if a female employee works for 80 days, she will be eligible for Maternity Leave (both as a real mother and as a surrogate mother).
From India, Kumbakonam
Acknowledge(1)Amend(0)
Mr. Saswata Banerjee has provided you with the correct reply. Previously, it was 180 days. However, this has now changed. Currently, if a female employee works for 80 days, she will be eligible for Maternity Leave (both as a real mother and as a surrogate mother).
From India, Kumbakonam
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Maternity Benefits Act 1961.pdf
Payment during Maternity Leave under the Maternity Act.docx