Umakanthan53
Labour Law & Hr Consultant

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Hi All, I have a question. As per The Maternity Benefit Act, women employees must have completed 80 days of service in an establishment in the 12 months prior to her expected date of delivery. Does the probation period, any leaves, public holidays, festivals, and weekly off (Saturday / Sunday) include in these 80 days or exclude?
What is the meaning of 80 days of service, is it 80 working days excluding probation period, any leaves, public holidays, festivals, and weekly off (Saturday / Sunday)?
Thanks

From India, Mumbai
80 ESI Contribution days in a particular contribution period( Apr - Sep, Oct - March)
From India, Hyderabad
Dear Swati,
Had you made a little effort to read the explanation following the proviso of section 5 (2) of the Maternity Benefit Act,1961, you would have your own answer to your query.
Please read the entire section 5 of the Act. Period of probation is always an inseparable part of an employees total service in an organization and should be counted for all employment benefits including maternity benefit.

From India, Salem
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