Thank you for the valuable information shared. I would also like to know since any female employee joins the organization, within how many days she is eligible for ML benefit? Is there any norm which says any female employee has to serve xyz numbers of days in the organization to avail the ML benefit?
It is mentioned in the base Act that a female needs to be employed and worked for at least 80 days in preceding 12 months to be eligible for maternity benefit.
Clause 5 (2)
(2) 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 3[eighty days] in the twelve months
immediately preceding the date of her expected delivery:
Provided that the qualifying period of 4[eighty days] aforesaid shall not apply
to a woman who has immigrated into the State of Assam and was pregnant at the
time of the immigration.
Explanation.- For the purpose of calculating under this sub-section the days
on which a woman has actually worked in the establishment, 5[the days for
which she has been laid off or was on holidays declared under any law for the
time being in force to be holidays with wages] during the period of twelve months
immediately preceding the date of her expected delivery shall be taken into
I would like a little more clarification on the creche facility. The amendment says that any organization that has 50 or more employees need to provide for a creche. My query, about the number of employees specified, is that should it be 50 WOMEN employees or 50 employees in totality?
Clarification would be greatly appreciated.