Please read the bare act carefully. It answers all your query. Just a snapshot of the act:
4. Employment of, or work by, women prohibited during certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a
request being made by her in this behalf, be required by her employer to do during the
period specified in sub-section (4) any work which is of an arduous nature or which
involves long hours of standing or which in any way is likely to interfere with her
pregnancy or the normal development of the foetus, or is likely to cause her miscarriage
or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be –
(a) at the period of one month immediately preceding the period of six weeks, before
the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does
not avail of leave of absence under section 6.
So, you see theer is no minimum citeria is mentioned in this. But an femal employee can claim ML provided as follow:
1. No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
2. The maximum period for which any woman shall be entitled to maternity benefit shall
be twelve weeks, that is to say, six weeks up to and including the day of her delivery and
six weeks immediately following that day:
The is very interesting Act, if you see and read it. There are debate also going amongst the experts on this act and I really hope that more benefits are added to the additional Act, which needs to be reviewed as per current life style. Especially, covering the entire cost of pregancy for all Tax payer female employee and weaker section, @ the cost of Government and State Government. Lets pray to God and fight for this right.
17th February 2010 From Saudi Arabia, Riyadh