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 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery. So since you have already worked for/completed 90 days of service, you are elegible for MB as the Act.
Let the HR refuse your application in writing.
The Act also includes the education of women employees on their maternity benefits and rights at the workplace.
The maternity policy varies from one company to other so one need to inquire from their respective HR department for the details.
Some organizations give facilities to their women employees to work from home or arrange for a daycare facility in office premises for their employees.
Applicability of the Maternity Act
This Act applies to:
Every factory, mine or plantation (including those who are belonging to Government)
An establishment engaged in the exhibition of equestrian, acrobatic and other performances, irrespective of the no of employees, and
Every shop or establishment wherein 10 or more persons are working on any day of the preceding 12 months.
Eligibility for Maternity leave
A woman is eligible to claim maternity benefits under the following conditions:
Women employed in any establishment, whether directly or through any agency are eligible to claim maternity benefits
The employee should have worked for her employer at least 80 days in the last 12 months
A woman could request her employer to assign her light work to avail maternity benefits. This request should be made at least before 10 weeks of her date of expected delivery.
The woman should produce a certificate 10 weeks before her delivery to the employer confirming her pregnancy.
The employee needs to give written notice to the employer before 7 weeks of her date of delivery regarding her absence period.
Benefits of Maternity Leave
Employees are entitled to get paid while they are on maternity leave
The compensation is calculated on her average daily earning over a 3-month period as soon as the leave begins.
The Act states that 10 weeks up to the date of delivery, no pregnant employee should be given difficult tasks that may affect both mother and child.
The employee has the right to the crèche facility when she returns to her job after the maternity leave if an establishment has more than 50 employees.
Maternity leave is available for mothers adopting a new-born (less than three months old) and the duration is 12 weeks from the date of adoption. There is no provision for adoption of older children.