From India, Kolkata
A women employee whether married or unmarried is eligible to maternity leave if she has worked for 80 paid days (not 160 which was made 80 days long before) during 12 months immediately preceding the expected date of delivery. Now, the interpretation of "during 12 months" has been a question of doubt always but in my knowledge it should be interpreted like, the employee should have a service of 12 months and during this 12 months she should have worked for 80 days for entitlement of maternity leave. If you take the conditions for maternity leave under ESI Scheme you will find that one who have contributed for at least 70 days in TWO contribution periods (means 12 months) only is eligible for 12 or 26 weeks leave.
Now coming to the apprehension of Roy Amrita, please share the circular attached in my earlier post to the concerned local office because many offices are still going without any internet facility due to which they are unable to get a copy of the circulars issued from their HQ. But they should have received illogical and ironical whatsApps trolls on this!!!
From India, Kannur
From India, Bengaluru
From India, Mumbai
I would like you to go through the amended provision of sec.5(3) of the Maternity Benefit Act,1961 effective from 01-04-2017.
The maternity benefit comprising of 26 weeks of absence with salary is divided into two parts with reference to the date of delivery; the pre-delivery leave of absence is 8 weeks prior to the expected date of delivery and the post-delivery leave shall be 18 weeks from the actual date of delivery.
It can also be taken at a stretch 26 weeks from the actual date of delivery and the choice is that of employee's only.
From India, Salem