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Arpit (Not Applicable)     31 May 2013

Maternity benefit act applicability to software company.

My wife works in a software company in Pune. She was pregnent but recently had miscarriage and wish to avail 6 weeks maternity leave as per Maternity Benefit Act. Can she avail this?



 3 Replies

Kumar Doab (FIN)     31 May 2013

There is no condition of any sort to be satisfied for claiming leave wages for miscarriage under Section 9 of the Act, that she had worked for a period of not less than 80 days in the 12 months immediately preceding the date of miscarriage.

A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}


 In case of miscarriage, a woman shall be entitled to leave with wages at the rage of maternity benefit, for a period of 6 weeks immediately following the day of her miscarriage. {Section 9}


Female anatomy is complex and a lady risks her life while giving birth to a child.


The effects on the health can be far reaching and in case of some ladies more time may be required to return to normalcy. A small mistake can adversely affect the health of the female may even render her unable to reproduce later.

While employer may insist that the lady may resume duties at the earliest the lady may feel that her body does not allow it to join now and she needs some more time.


There are many threads on Maternity Act at LCI e.g:



You may find these useful.

Attached File : 996123193 maternity benefit act 1961.pdf downloaded: 64 times
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Arpit (Not Applicable)     31 May 2013

Thanks for the info Mr. Kumar Doab. Section "2. Applicability of Act" says that it is applicable to "to every establishment being a factory, mine or plantation" and section 3 (e) says that "establishment" means "a factory, mine, plantation or where acrobatics is prerfomed". This seems software companies doesn't come in this category and hence this act is not applicable to software companies. Is it? Or am I missing something here?

Kumar Doab (FIN)     31 May 2013


IT/ITeS companies are covered under State Shops and Establishments Act.

1. Short title, extend and commencement. -

(b) in relation to other establishments in s State, by the State Government.


If the company has claimed that it has been exempted let it state so in writing.

26. Power to exempt establishments.


27. Effect of laws and agreements inconsistent with this Act.





If any employer contravenes the provisions of the Act………………………… be punishable with imprisonment which may extend to one year……………………{Section 21}



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