Dear Rakhi,
Good luck for u and u r child.
For protection for working women Maternity Benefit Act 1961 is there. For your help I am citing some important point of this act. It will not only solves your questions same time it will enlighten your knowledge.
For your first question I think you are eligible for maternity benefit if you fulfill eligibility criteria (which are given below).
Maternity benefits are applicable to whole India.
1. ELIGIBILITY FOR MATERNITY BENEFIT:
A women shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less then eighty days in the twelve months immediately proceeding the date of her expected delivery (section-5[2])
2. PAYMENT OF MATERNITY BENEFIT:
Every women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of average daily wage for the period of her actual absence, and any period of her actual absence, and any period immediately following the date of delivery and including the actual day for her delivery (Section –5).
In addition to the maternity benefit, every women shall also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and post natal care is provided free of charge (section-8)
3. MAXIMUM PERIOD OF MATERNITY BENEFIT:
Maximum twelve weeks of which not more then six weeks shall proceed the date of her expected delivery (section-5[5])
4. OTHER BENEFITS:
Act also provides provisions for leave for miscarriage, leave for illness arising out of pregnancy or delivery, premature birth of child or miscarriage and nursing breaks for nursing the child until the child attained the age of 15 months (section-910 & 11)
5. DISMISSAL, DEDUCTION WAGES, ETC:
No employer shall discharge or dismiss a woman for her absence form work in accordance with the provisions of this Act and no deduction shall be made from the normal; and usual daily wages of a women entitled to maternity benefits. (section –12&13)
With regards
Kuldeep Singh Rathore