Dear all, as per which act should i comply with to calculate maternity benefit.?
I am confused a lot between these two variations. which one should i follow.?
"Maternity benefit act 1961"
Section 5. Right to payment of maternity benefit.-
Subsection (3) –
The maximum period for which any woman shall be entitled to maternity benefit shall be 26 weeks of which not more than 8 weeks shall precede the date of her expected delivery:
"Andhra Pradesh shops and establishment act"
Section 25. Maternity benefit.-
Every woman who has been for a period of not less than six months preceding the date of her delivery in continuous employment of the same employer whether in the same or different shops or commercial establishments, shall be entitled to receive from her employer for the period of-
(a) six weeks immediately preceding the day of delivery; and
(b) six weeks following the day of delivery; such maternity benefit and in such manner as may be prescribed:
Provided that, no woman employee shall be entitled to receive such benefit for any day during any of the aforesaid periods, on which she attends work and receive wages thereof.
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5I am confused a lot between these two variations. which one should i follow.?
"Maternity benefit act 1961"
Section 5. Right to payment of maternity benefit.-
Subsection (3) –
The maximum period for which any woman shall be entitled to maternity benefit shall be 26 weeks of which not more than 8 weeks shall precede the date of her expected delivery:
"Andhra Pradesh shops and establishment act"
Section 25. Maternity benefit.-
Every woman who has been for a period of not less than six months preceding the date of her delivery in continuous employment of the same employer whether in the same or different shops or commercial establishments, shall be entitled to receive from her employer for the period of-
(a) six weeks immediately preceding the day of delivery; and
(b) six weeks following the day of delivery; such maternity benefit and in such manner as may be prescribed:
Provided that, no woman employee shall be entitled to receive such benefit for any day during any of the aforesaid periods, on which she attends work and receive wages thereof.
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Since the Maternity Benefit Act of 1961 is a special legislation that makes provisions for maternity benefits, the provisions of the Act of 1961 would prevail over the Andhra Pradesh Shops and Establishments Act. In any event, the provisions in the Andhra Pradesh Shop Act are those that were available in the then-existing Maternity Benefit Act. The Act of 1961 has since been amended, and the amended provisions would prevail.
- Shobhit Kumar Mittal
Labour Law Advisor
8077779793, 9319956443
skmittal.labourlaw@gmail.com
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- Shobhit Kumar Mittal
Labour Law Advisor
8077779793, 9319956443
skmittal.labourlaw@gmail.com
From India, Faridabad
Acknowledge(0)Amend(0)
sir, so, should i follow maternity benefit act instead of Ap shops and establishment act in this scenario .?
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc