Anonymous
Hi Members , With reference to maternity benefit act I need help on two points-For an IT start up company with total 12 employees of which 5 are women.
1. What should be the strength of employees and women employees for this act to come in force.There is so much of confusion as it's written that this act applies on organisation with 10 or more person employed, however many say that more than 10 women should be working in an organisation for this Act to come into force.
2. How many days a women must have worked in an organisation to avail maternity benefit of 6 months as per recent amendment.


1. What should be the strength of employees and women employees for this act to come in force.There is so much of confusion as it's written that this act applies on organisation with 10 or more person employed,however many say that more than 10 women should be working in an organisation for this Act to come into force. - Please take it as complete strength rather than taking only female employees count as no where mentioned about count of female employees only. It says 10 employees which can be construed to total number of employees only.
2. How many days a women must have worked in an organisation to avail maternity benefit of 6 months as per recent amendment. - Female employee has to work for Minimum 80 days before date of delivery to claim the benefit.


1)Yes, you are eligible under this act if you engaged 10 employees in your organisation
2)A woman is eligible for maternity benefit if she worked eighty days in your organisation
For queries Write me to my G M A I L id: arvino.thehindu
Act Reference for Point No. 2:
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery:

From India, Chennai
Is the MB Act applicable for an affiliate(this is in India) to an LLC (this is in USA).
We are a total of 15 members here. We are told that we are being paid a Professional fee for the work which we are doing here. We dont have a Salary account as such, a cheque would be issued instead. TDS system is being followed and no other taxes were deducted.

From India, Mumbai
Dear Manjari, you are not sure whether you have been engaged as an "Employee" Please refer to your Appointment letter to get clarity on the subject. You have also stated that you have been Paid Professional Fee & not Salary.Please note that Professionals do not come under the purview of Act
From India, New Delhi
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