Gaurav More
Hi, I need your help regarding eligibility of maternity benefit. One of our female employee joined our company on 15-Nov-19. she confirmed her pregnancy on 6th Feb 2020. Can anyone explain that whether she is eligible for maternity benefit.
From India, Vapi
Labour Law & Hr Consultant
Advocate And Labour Laws Consultant


Dear Gaurav,
The minimum qualifying continuous service of 80 days has to be calculated backwards from the expected date of delivery only. Please note that the 80 days need not spread across the entire 12 months period so as to construe a continued employment during the 12 months period.
Including the date of intimation about her pregnancy, the employee has already completed more than 80 days of service in the establishment.
Therefore, no doubt about her eligibility to avail the statutory maternity benefits thereafter.
In this connection, you may please refer to sec. 5(2) of the Maternity Benefit Act, 1961.

From India, Salem

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: Provided that the qualifying period of [eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration. Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
From India, Vadodara

Dear Gaurav,
She is entitled as per the norms of Act.
But this case is quite tricky and smell fishy as the employee is claiming and confirming her pregnancy on completion of 80 days service.
I presume that your management has not done the pre-employment health check-up prior appointment. Is the employee a probationer? The management can go for a check with own medical set-up to know, whether employee is on 1st month of pregnancy or older period.

From India, Mumbai

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