Section 5. Right to payment of maternity benefit.- 1*[(1) Subject to the
provisions of this Act, every woman shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit at the
rate of the average daily wage for the period of her actual absence,
that is to say, the period immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately
following that day.]
Explanation.--For the purpose of this sub-section, the average
daily wage means the average of the woman's wages payable to her for
the days on which she has worked during the period of three calendar
months immediately preceding the date from which she absents herself
on account of maternity, 1*[the minimum rate of wage fixed or revised
under the Minimum Wages Act, 1948 or ten rupees, whichever is the
(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 1*[eighty
days] in the twelve months immediately preceding the date of her
Maternity Benefits is now available for 26 weeks.
Inform employer in writing giving medical confirmation and ask for entitled leave.
Leave is taken forfor a period before and after delivery to ensure care for the employee and the new born child.
14th February 2019 From India, Pune
In addition to the inputs of our respected contributor, Mr Nath Rao ji, following is the answer to your query.
Any woman who has worked for a minimum of 80 days in the last 12 months in an organization is eligible for a paid maternity leave of 26 weeks. Out of 26, she can take a maximum of 8 weeks of prenatal leave. Woman needs to give a written intimation to her employer seeking Maternity leave benefits, along with expected date of delivery.
The leave can be extended for an additional 4 weeks due to sickness arising out of pregnancy; however the same should be duly supported with medical documents.
14th February 2019 From India, Delhi