If the employee referred to by you is covered by the provisions of the ESI Act, she can avail the maternity benefit under the ESI Act subject to the provisions of the ESI Act.
As per law, she can avail herself of leave benefits for 12 weeks: 6 weeks before delivery and 6 weeks after delivery. The remaining days she can't get any benefits, i.e., loss of pay. This policy applies up to 2 children.
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