Maternity Benefit Act Applicability
The Maternity Benefit Act will be applicable to establishments covered under the Shops and Commercial Establishments. Maternity benefit consists of 84 days' leave with salary and a maternity bonus of Rs 3500. Of the maternity leave of 12 weeks, 6 weeks' leave shall be taken before childbirth, though it is not mandatory that you should avail of this 6 weeks' leave before delivery.
A woman employee who has worked for at least 80 days during the 12 months immediately preceding the date of delivery is entitled to the above-mentioned leave. In the case of employees covered by ESI, the payment for the above said will be paid by the ESIC. However, ESIC will provide the benefit only if the delivery takes place during her benefit period and only if the said employee has worked for at least 70 days during the two contribution periods. If she is not eligible to receive the benefit from ESIC, certainly, the company will have to pay it.
Regards,
Madhu.T.K