An IT company of less than 10 employee needs to give maternity Leave - Whether need to pay Monthly salary during this leave time
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Not only as of now but also in the past, the employee strength has remained less than 10. In such cases, the Maternity Benefit Act of 1961 will not apply to the establishment. Therefore, the employer is not obligated to provide statutory maternity benefits.
Thank you.
From India, Salem
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6185Thank you.
From India, Salem
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As you belong to an IT Company, your company may be covered under the State Shops & Establishments Act. You are not covered under the MB Act as the employee strength is less than 10, but go through the applicable Shops Act for maternity leave. According to the Punjab Shops & Commercial Establishments Act, 1958, every woman employed is entitled to maternity leave with some conditions. Section 31 on maternity benefit is given below for ready reference.
31. Maternity benefit - (1) Every woman employed in an establishment or who has been continuously employed in that establishment or in establishments belonging to the employer of that establishment for a period of not less than six months preceding the date of her delivery shall be entitled to receive, and the employer shall be liable to make to her a payment of maternity benefit which shall be prescribed by the Government for every day during the six weeks immediately preceding and including the day of her delivery and for each day of six weeks following her delivery. Provided that no such payment shall be made for any day on which she attends work and receives payment thereof during the six weeks preceding her delivery. (2) The manner in which the maternity benefit shall be payable may be prescribed by the Government.
R N KHOLA
From India, Delhi
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31. Maternity benefit - (1) Every woman employed in an establishment or who has been continuously employed in that establishment or in establishments belonging to the employer of that establishment for a period of not less than six months preceding the date of her delivery shall be entitled to receive, and the employer shall be liable to make to her a payment of maternity benefit which shall be prescribed by the Government for every day during the six weeks immediately preceding and including the day of her delivery and for each day of six weeks following her delivery. Provided that no such payment shall be made for any day on which she attends work and receives payment thereof during the six weeks preceding her delivery. (2) The manner in which the maternity benefit shall be payable may be prescribed by the Government.
R N KHOLA
From India, Delhi
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Please go through the discussion on this subject as shown in the following links:
- https://www.citehr.com/601479-applic...7-private.html
- https://www.citehr.com/597843-matern...ch-office.html
However, if your establishment is covered under the Shops & Commercial Establishments Act, the following provisions shall apply - please refer to the appropriate state's S & E act for this purpose:
TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947 (Quantum per year)
- Privileged Leave/ 12 days
- Earned Leave
- Casual Leave/ 12 days
- Sick Leave/ 12 days
- Maternity Leave - Provisions of the Maternity Benefits Act, 1961, to apply.
Also, please check whether there are some more employees working on a 'contract' or casual or daily wage basis, which when added together could account for more than 10 employees. In this case, the Maternity Benefits Act would apply without any doubt because together they are more than 10 employees and therefore entitled to maternity benefits.
From India, Bangalore
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- https://www.citehr.com/601479-applic...7-private.html
- https://www.citehr.com/597843-matern...ch-office.html
However, if your establishment is covered under the Shops & Commercial Establishments Act, the following provisions shall apply - please refer to the appropriate state's S & E act for this purpose:
TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947 (Quantum per year)
- Privileged Leave/ 12 days
- Earned Leave
- Casual Leave/ 12 days
- Sick Leave/ 12 days
- Maternity Leave - Provisions of the Maternity Benefits Act, 1961, to apply.
Also, please check whether there are some more employees working on a 'contract' or casual or daily wage basis, which when added together could account for more than 10 employees. In this case, the Maternity Benefits Act would apply without any doubt because together they are more than 10 employees and therefore entitled to maternity benefits.
From India, Bangalore
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