Dear Experts,
My organization (a private school run by a trust in Tamil Nadu) is covered under the ESI Act. However, many of our female employees are drawing salaries higher than the applicable limit, so they are not covered under ESI. Will these employees still be able to avail benefits from the Maternity Act?
Thank you.
From India, Mettupalayam
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27My organization (a private school run by a trust in Tamil Nadu) is covered under the ESI Act. However, many of our female employees are drawing salaries higher than the applicable limit, so they are not covered under ESI. Will these employees still be able to avail benefits from the Maternity Act?
Thank you.
From India, Mettupalayam
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Dear Colleague,
In the case of Kerala, the Kerala Government made Maternity Benefit applicable to all Private Educational Institutions in the year 2020. In the case of Tamil Nadu, the status is not clear, and you may check with your AEO or DEO who will provide clarity regarding Tamil Nadu.
Thank you.
From India, Chennai
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In the case of Kerala, the Kerala Government made Maternity Benefit applicable to all Private Educational Institutions in the year 2020. In the case of Tamil Nadu, the status is not clear, and you may check with your AEO or DEO who will provide clarity regarding Tamil Nadu.
Thank you.
From India, Chennai
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Every woman employee drawing a monthly salary of more than Rs. 21,000.00 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.
From India, Salem
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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.
From India, Salem
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Dear Colleague,
Thanks for the clarity from our colleague. All the best. In the absence of any specific notification by the State Government of Tamil Nadu for the extension of maternity benefits 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.
From India, Chennai
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Thanks for the clarity from our colleague. All the best. In the absence of any specific notification by the State Government of Tamil Nadu for the extension of maternity benefits 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.
From India, Chennai
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc