Is Maternity benefit act applicable o a private limited company with less than 10 employees?
From India, Pune
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From India, Pune
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The Maternity Benefits Act, 1961 applies to every establishment without reference to the number of employees employed or constitution, whether proprietary, partnership, or company form of organization.
Regards,
Madhu.T.K
From India, Kannur
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4483Regards,
Madhu.T.K
From India, Kannur
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Dear Mr. Madhu, I need details regaring Maternity Benefits. Can you please help me in this regards. Regards, Subhra
From India, Mumbai
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From India, Mumbai
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As per the Maternity Benefit Act, a woman employee who has worked for at least 80 days during the 12 months immediately preceding the date of expected delivery is to be given leave with salary for 12 weeks. This can be availed as 6 weeks prior to the date of expected delivery and six weeks after the delivery. It is not mandatory that she should avail a 6-week leave prior to the date of delivery, but she can take the entire 12 weeks leave after the delivery.
For a miscarriage, the six weeks leave with salary is to be given without any reference to the qualifying service of 80 days.
The Act also provides for better treatment of pregnant employees regarding the nature of work and hours of work. According to the Act, termination of a woman employee during pregnancy or while she is on maternity leave is illegal.
The Act also provides for one month leave in addition to the maternity leave (3 months/12 weeks) already given for any reason connected to delivery as certified by a medical practitioner.
The provisions in the Maternity Benefit Act will not be applicable to employees who are covered by the ESI Act and are eligible for getting maternity benefits under the ESI General Regulations. (In fact, only those employees who are drawing a salary not more than Rs 10,000 are covered by ESI, and the eligibility is determined by the contribution paid and the benefit period corresponding to the contribution period for which the contribution has been paid)
Regards,
Madhu.T.K
From India, Kannur
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For a miscarriage, the six weeks leave with salary is to be given without any reference to the qualifying service of 80 days.
The Act also provides for better treatment of pregnant employees regarding the nature of work and hours of work. According to the Act, termination of a woman employee during pregnancy or while she is on maternity leave is illegal.
The Act also provides for one month leave in addition to the maternity leave (3 months/12 weeks) already given for any reason connected to delivery as certified by a medical practitioner.
The provisions in the Maternity Benefit Act will not be applicable to employees who are covered by the ESI Act and are eligible for getting maternity benefits under the ESI General Regulations. (In fact, only those employees who are drawing a salary not more than Rs 10,000 are covered by ESI, and the eligibility is determined by the contribution paid and the benefit period corresponding to the contribution period for which the contribution has been paid)
Regards,
Madhu.T.K
From India, Kannur
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Thanks for the reply. However, as per the information mentioned on the labor department website, the definition is:
". Application of Act.[FONT=&quot]-4[(1) It applies, in the first instance,-
(a) to every establishment being a factory, mine, or plantation including any such establishment belonging to the Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]
Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural, or otherwise."
So, as per the definition, it does not apply to us.
From India, Pune
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". Application of Act.[FONT=&quot]-4[(1) It applies, in the first instance,-
(a) to every establishment being a factory, mine, or plantation including any such establishment belonging to the Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]
Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural, or otherwise."
So, as per the definition, it does not apply to us.
From India, Pune
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For maternity leave encashment calculations what componant is to be considered? Are we suppose to include conveyance as well?
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Can anybody tell me for ESIC act. Eligibility and procedur under esi act. Posted via Mobile Device
From India, Pune
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From India, Pune
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My company is covered under the Shop and Establishment Act. It is a private concern, and more than 100 employees are working. I receive a salary above 10,000 rupees. Can anyone provide me with details about salary during maternity leave?
From India, Madras
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From India, Madras
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Dear sir,
Please guide me, is there any provision for ESIC-exempted women? As per the Employees' State Insurance Corporation (ESIC) Act, establishments where ESIC is applicable are not covered under the Maternity Benefit Act. However, if women employees have a gross income above Rs. 10,000, how can they avail of maternity benefits and leave?
Thank you.
From India, Mumbai
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Please guide me, is there any provision for ESIC-exempted women? As per the Employees' State Insurance Corporation (ESIC) Act, establishments where ESIC is applicable are not covered under the Maternity Benefit Act. However, if women employees have a gross income above Rs. 10,000, how can they avail of maternity benefits and leave?
Thank you.
From India, Mumbai
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Dear,
Then that woman employee will get maternity benefits under Section 5 of the Maternity Benefit Act, 1951. According to the definition of the woman as shown in Section 3(o) of this Act, 'woman' means a woman employed, whether directly or through any agency, for wages in any establishment. This means that there is no ceiling of wages under this Act.
Regards,
R.N. Khola
From India, Delhi
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Then that woman employee will get maternity benefits under Section 5 of the Maternity Benefit Act, 1951. According to the definition of the woman as shown in Section 3(o) of this Act, 'woman' means a woman employed, whether directly or through any agency, for wages in any establishment. This means that there is no ceiling of wages under this Act.
Regards,
R.N. Khola
From India, Delhi
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Dear Mr. Kohla,
As per the Act, I understand that under section 11, there is a provision for two nursing leaves within the prescribed limit until the baby is 15 months old. I would like to elaborate on this further.
Could you please clarify the minimum and maximum number of days allowed for these nursing leaves? Additionally, I would like to inquire whether these leaves will be paid or unpaid.
Thank you.
From India, Hyderabad
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As per the Act, I understand that under section 11, there is a provision for two nursing leaves within the prescribed limit until the baby is 15 months old. I would like to elaborate on this further.
Could you please clarify the minimum and maximum number of days allowed for these nursing leaves? Additionally, I would like to inquire whether these leaves will be paid or unpaid.
Thank you.
From India, Hyderabad
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I have joined a government organization on March 13th as an outsourcing employee, and my ESI contribution started from the date of my joining. Now, am I eligible to claim maternity benefits as my leave period may start from November 12th.
From India, Hyderabad
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From India, Hyderabad
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Nursing breaks should not be counted as idle time and should be paid breaks. It is implied; otherwise, there is no need for such a provision.
If it is to be given until the baby attains 15 months, it means 15 months from the date of delivery.
To be eligible for maternity benefits from ESI, you should have completed nine months of service. If any employee is not eligible for maternity benefits from ESIC, the employer (the company under the rolls of which you are employed, not the government company where you are engaged) should take care of your maternity benefits as per the Maternity Benefits Act.
If you work for at least 80 days during the 12 months immediately preceding the date of delivery, you will be entitled to leave with pay for 12 weeks. You can avail of this leave either at a stretch after delivery or a portion of it (up to a maximum of 6 weeks) before the date of delivery and the remaining weeks after delivery.
Madhu.T.K
From India, Kannur
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If it is to be given until the baby attains 15 months, it means 15 months from the date of delivery.
To be eligible for maternity benefits from ESI, you should have completed nine months of service. If any employee is not eligible for maternity benefits from ESIC, the employer (the company under the rolls of which you are employed, not the government company where you are engaged) should take care of your maternity benefits as per the Maternity Benefits Act.
If you work for at least 80 days during the 12 months immediately preceding the date of delivery, you will be entitled to leave with pay for 12 weeks. You can avail of this leave either at a stretch after delivery or a portion of it (up to a maximum of 6 weeks) before the date of delivery and the remaining weeks after delivery.
Madhu.T.K
From India, Kannur
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Sir, I have one more doubt.
I worked in a private organization from 04-01-2012 to 04-03-2012 and got registered with ESI, paying my contribution for two months. After that, on March 13, 2012, I joined a government office as an outsourcing employee. I got registered newly with ESI and have been paying my contributions since then. Can I claim maternity benefits from ESI as my due date is expected to be in the last week of November? As an outsourcing employee, according to G.O.Rt.No. 4459, Fin. (SMPC) Dept., Dt: 27.12.2006, we are not paid for maternity leave.
Awaiting your reply.
From India, Hyderabad
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I worked in a private organization from 04-01-2012 to 04-03-2012 and got registered with ESI, paying my contribution for two months. After that, on March 13, 2012, I joined a government office as an outsourcing employee. I got registered newly with ESI and have been paying my contributions since then. Can I claim maternity benefits from ESI as my due date is expected to be in the last week of November? As an outsourcing employee, according to G.O.Rt.No. 4459, Fin. (SMPC) Dept., Dt: 27.12.2006, we are not paid for maternity leave.
Awaiting your reply.
From India, Hyderabad
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In order to be eligible for maternity benefits from ESIC, you must fulfill two conditions. Firstly, your delivery should occur during your benefit period, and secondly, you should have worked for at least 70 days during the two consecutive contribution periods. In your situation, as you joined in January, your benefit period starts on 1st January 2013. Therefore, you are not entitled to receive maternity benefits from the ESI Corporation.
If you were assigned a different ESI number upon rejoining, your eligibility for sickness benefits and other benefits will also be delayed because your benefit period will begin from the new registration date.
Madhu.T.K
From India, Kannur
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If you were assigned a different ESI number upon rejoining, your eligibility for sickness benefits and other benefits will also be delayed because your benefit period will begin from the new registration date.
Madhu.T.K
From India, Kannur
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Creche under Maternity Benefit Act.pdf