Rahul Chhabra
Hr Professional
Kapoorrr
Advisor(hr)
Nathrao
Insolvency N Gst Professional
Anilgamdha
Welfare Officer

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We have hired female employee for six month in contractual period. After 2 month she is asking for maternity benefit. She is eligible or not? Please guide
From India, Rajkot
https://www.livelaw.in/temprorary-ad...at-read-order/
Advice you to visit Labour Commissioner office for clarification.

From India, Pune
Dear Anil, A couple of questions:
1. As its been only 2 months since she joined, did she declare her pregnancy at the time of joining.
2. how many week pregnant is she? Has she put any application seeking Maternity Benefits?
fyi, any employee who has served not less than 80 days in an organization is eligible to get maternity benefits as mentioned in the act.

From India, Delhi
I assume eligibility criteria is 180 days and not 80 days. Pl correct me if wrong. R R Kapoor Vadodara
From India, Vadodara
Dear RR Kapoor,
Section 5.2 of the MB act states the following:
"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"
Regards
Rahul

From India, Delhi
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