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
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
Dear Member,
The Maternity Benefit Act, 1961 applies to a factory, mine or plantation, as well as in shops and establishments. The term factory, mine or plantations have been defined as same as in respective Acts viz.- Factories Act, Plantation Labour Act & Mines Act. The terms shops and establishments have been defined as in which ten or more persons are/were employed. However, appropriate State Govt. has the power to extend the provisions of above Act to other establishments/shops.
Firstly, as an employer you must examine the legal status of your company i.e. whether it falls as a 'factory', 'shop' or 'establishment' under provisions of above Act.
Secondly, please ascertain whether the provisions of above Act are applicable in your company. In my opinion, if the provisions of above Act are applicable to your company, then the compliance of the same is to be made regardless what is the policy of the company. Even if there is no policy of the company, you will agree that the laws of the land are enforceable.
With regards;
From India, Noida
923The Maternity Benefit Act, 1961 applies to a factory, mine or plantation, as well as in shops and establishments. The term factory, mine or plantations have been defined as same as in respective Acts viz.- Factories Act, Plantation Labour Act & Mines Act. The terms shops and establishments have been defined as in which ten or more persons are/were employed. However, appropriate State Govt. has the power to extend the provisions of above Act to other establishments/shops.
Firstly, as an employer you must examine the legal status of your company i.e. whether it falls as a 'factory', 'shop' or 'establishment' under provisions of above Act.
Secondly, please ascertain whether the provisions of above Act are applicable in your company. In my opinion, if the provisions of above Act are applicable to your company, then the compliance of the same is to be made regardless what is the policy of the company. Even if there is no policy of the company, you will agree that the laws of the land are enforceable.
With regards;
From India, Noida
PS. In case your establishment/company is covered under the provisions of E.S.I.Act, 1948 and you as employer are making compliance and submitted returns etc. in respect of said employee, then the payment of maternity benefit is to be made by appropriate Branch Office of ESIC and in that event the provisions of the Maternity Benefit Act, 1961 as mentioned in above remarks will not be applicable in respect of employees covered under ESI Act, 1948.
With regards;
From India, Noida
With regards;
From India, Noida
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
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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ESI Rule amendment reg enhancement of Maternity Benefit Jan 2017.pdf