Dear Pevekara,
If the employee is covered under ESI, then refer to the guidelines under ESI. If not, she will get benefits under the Maternity Benefit Act:
AS PER MATERNITY BENEFIT ACT:
PROHIBITED PERIOD OF EMPLOYMENT OR WORK: The employment of women, or work by women in any establishment during the six weeks immediately following the day of her delivery or her miscarriage (Section-4).
PAYMENT OF MATERNITY BENEFIT: Every woman 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 immediately following the date of delivery, including the actual day of her delivery (Section 5). In addition to the maternity benefit, every woman shall also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and postnatal care is provided free of charge (Section-8).
ELIGIBILITY FOR MATERNITY BENEFIT: A woman shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery (Section-5[2]).
MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks, of which not more than six weeks shall precede the date of her expected delivery (Section-5[5]).
OTHER BENEFITS: The Act also provides provisions for leave for miscarriage, leave for illness arising out of pregnancy or delivery, premature birth of a child or miscarriage, and nursing breaks for nursing the child until the child attains the age of 15 months.
AS PER ESI:
Maternity Benefit is payable to an Insured Woman in the following cases subject to contributory conditions:
- Confinement: Payable for a period of 12 weeks (84 days) on production of Form 21 and 23.
- Miscarriage or Medical Termination of Pregnancy (MTP): Payable for 6 weeks (42 days) from the day following miscarriage, on the basis of Form 20 and 23.
- Sickness arising out of Pregnancy, Confinement, Premature birth: Payable for a period not exceeding one month, on the basis of Forms 8, 10, and 9.
- In the event of the death of the Insured Woman during confinement leaving behind a child, Maternity Benefit is payable to her nominee on production of Form 24 (B).
Maternity benefit rate is 100% of average daily wages.
Regards