Is Maternity benefit act applicable o a private limited company with less than 10 employees?
From India, Pune
From India, Pune
4249
Dear Mr. Madhu, I need details regaring Maternity Benefits. Can you please help me in this regards. Regards, Subhra
From India, Mumbai
From India, Mumbai
As per Maternity Benefit Act, a woman employee who has worked at least for 80 days during the 12 months immediately preceding the date of expected delivery are 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 6 week leave prior to the date of delivery but she can take the entire 12 weeks leave after the delivery.
For 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 to pregnant employee with regard to nature of work and hours of work. As per 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 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 benefit under the ESI General Regulations. (In fact, only those employees who are drawing salary not more than Rs 10000 are covered by ESI and the eligibility is determined by 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
For 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 to pregnant employee with regard to nature of work and hours of work. As per 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 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 benefit under the ESI General Regulations. (In fact, only those employees who are drawing salary not more than Rs 10000 are covered by ESI and the eligibility is determined by 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
Thanks for the reply, however as per the information mentioned on the labour department website , the definition is
. Application of Act.-4[(1) It applies, in the first instance,-
(a)to every establishment being a factory, mine or plantation including any such establishment belonging to 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 month's 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 ot apply to us.
From India, Pune
. Application of Act.-4[(1) It applies, in the first instance,-
(a)to every establishment being a factory, mine or plantation including any such establishment belonging to 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 month's 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 ot apply to us.
From India, Pune
For maternity leave encashment calculations what componant is to be considered? Are we suppose to include conveyance as well?
Can anybody tell me for ESIC act. Eligibility and procedur under esi act. Posted via Mobile Device
From India, Pune
From India, Pune
Dear
Then that woman employee will get maternity benefit 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
Then that woman employee will get maternity benefit 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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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc