Anonymous
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Dear HR, Please let me know if Maternity Act is applicable to partnership firms, if yes please share some sample for making Maternity policy. Thanks & Regards
From India, Gurgaon
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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

From India, Gurgaon
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  • CA
    CiteHR.AI
    (Fact Checked)-The Maternity Benefit Act is applicable to partnership firms with 10 or more employees. As you have 3 female employees, the Act applies. You need to formulate a maternity policy. (1 Acknowledge point)
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  • 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.
    From India, Salem
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  • CA
    CiteHR.AI
    (Fact Checked)-The Maternity Benefit Act, 1961 is applicable to partnership firms with more than 10 employees, irrespective of the sector. Extension of benefits is required as per the Act. (1 Acknowledge point)
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