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Last Updated On 26-Feb-2025
Maternity

Maternity benefit act applicability in India

I have an employment offer letter from a well reputed global organisation with more than 500 employees. In India, the organization (most probably through a separate legal entity) has less than 10 employees. The offer letter doesn’t state anything regarding maternity benefits. I am still in early stages of pregnancy so don’t prefer to reveal to employer now and hence cannot ask the HR directly if maternity benefits will be provided. Could you please help me understand , in this scenario, employees of the organization are counted as a whole or just for the legal identity in India? I want to know if the maternity benefit act applies to this organization in India.

( Mumbai, Maharashtra )

26-Feb-2025

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A.
Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. The Act applies to establishments employing TEN or more persons, except employees covered under the Employees State Insurance Act, 1948 which also requires ten or more employees for application of the Act. A global organization even if it has more than employees on a roll, the branch of that organization in India is governed by the laws and legislation of the governing country. Accordingly applying the provision of the governing law, a branch having less than 10 employees shall not come under the purview of the Maternity Benefit Act, 1961.
Posted On 26-Feb-2025
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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