Query
Anonymous
Dear All,

I have a question. As per The Maternity Benefit Act, women employee must have completed 80 days of service in previous 12 months.
What is this 12 month role for considering a women employee for the said benefit.
Does it mean she should have joined before 12 months or this sentence only specify the limit for calculating 80 days for her eligibility.
You all are requested to provide guidance on above matter.

Thank you
10th August 2017 From India, Varanasi

Hi,

The meaning of sentence is, benefit is applicable to female employee who have worked at least 80 days before she declares her pregnancy. For eg : If any women is not coming to work for 12 months due to any personal or health reason and if she comes and ask for Meternity Benefit then it may not be applicable to her.
10th August 2017

The woman employee should have worked for eighty days to claim maternity benefit from her employer. This is the qualification fixed by law. The law further says as to how this eighty days have to be reckoned. It says that the woman should have worked for at least eighty days prior to the date of her expected delivery. So the employer has to count whether the woman employee has worked for eighty days. The counting has to start from the date of her expected delivery and has to go back through the months previous to the date of her expected delivery and the eighty days should be within twelve months prior to the date of expected delivery. It is possible that the eighty days of work could fall within less than 12 months from the date of her expected delivery. The twelve months is a time period fixed by the framers of the Maternity Benefit Act.
With regards
11th August 2017 From India, Madras

Thank you Mr. Manoj kamble and Mr. V. Harikishnan.
My next question is for Mr. V. Harikishnan,
Sir,
Does it mean, if a women has completed her 2 month (30 days in each) and 20 days service than she will become eligible for maternity benefits.
As per ESIC Act, For entitlement to maternity benefit, the insured woman should have contributed for not less than seventy days in the immediately preceding two consecutive contribution periods prior to actual or expected date of confinement.
Now, esic set two contribution period (each of Six months) to count eligibility for benefits.
Than it should have been the same case in the matter of non esic covered women.
Kindly explain!
11th August 2017 From India, Varanasi

Dear Mr.RahulSindhwan
Please read section 5(2) of the Maternity Benefit Act. However I have extracted the relevant portion of sectui 5(2)below
"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 eighty days in the twelve months immediately preceding the date of her expected delivery:"
So to qualify to get maternity benefit the woman should have actually worked in the establishment of the employer. The section uses the term "actually worked" and not "service". You have equated "worked" with "service".
Secondly a worker whether man or woman could not work for 30 days in a month as he/she would have had weekly holidays during the month. All laws regulating the working hours/weekly holidays do not prescribe the payment of wages for weekly holidays. Example Factories Act.
Thirdly Please read the explanation to section 5(2) which states what are the days to be included/excluded while computing the eighty days. This explanation says that holidays declared under any law for the time being in force to be holidays with wages are included while computing the eighty days. If the weekly holidays are holidays with wages under any law applicable to the establishment in which the woman is working then she would be eligible to get maternity benefit after 2 months and 20 days if she had actually worked on all the days excepting the weekly holidays for which she is entitled to wages under any law applicable
With regards
11th August 2017 From India, Madras

Respected Sir,

My last question on the above matter.

Is that mean maternity benefit act has two types of criteria. One is for employer to provide benefit on approx three month of service (if consider payment of rest days/holidays) and second for ESIC with two contribution period (six months in each) condition.
As per section 5A of maternity benefit act. "Continuance of payment of maternity benefit in certain cases.—Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.].
Does it mean, after three months of service, a women, who is cover under ESIC act, can claim maternity benefits from the employer (because of non completion of two contribution period condition).

Please guidance!

Regards,
Rahul Sindhwani
12th August 2017 From India, Varanasi

Section 5A. refers to the case of a woman to whom the MB Act was applicable initially and who is subsequently covered by the ESI Act. This section 5A is not applicable to a woman to whom the ESI Act is applicable from the first day of her employment with the employer from whom she claims maternity benefit.
12th August 2017 From India, Madras

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