Hi, I am posting on behalf of my friend. Just wanted to check, she is working with the company from past 3 months now and when she would be eligible for Maternity Benefit ? If She plans for having a baby in next 3 months... can she get the benefit ?
First please check whether her Company fall under the purview of Maternity Benefit Act.
"The Maternity Benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more employees. "
Eligibility criteria
"As per the Act, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months. Payment during the leave period is based on the average daily wage for the period of actual absence."
If she fulfill above criteria she is eligible for 182 days leave.
If she is covered under ESI, she can claim the benefit through ESI.
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