Confused About Maternity Leave Entitlement: Is It 80 or 160 Days of Work?

Can someone help me out with this query? Who is entitled to maternity leave? Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefits.

Karnataka Shops and Commercial Establishments Act of 1961

In the Karnataka Shops and Commercial Establishments Act of 1961, there is a column in the form "Combined Annual Return" where it is mentioned under the Particulars of Maternity Benefits: Point 1. Total number of women workers who worked for a period of 160 days in the last 12 months immediately preceding the date of delivery.

So, is it 80 days or 160 days that should be taken for calculations?

Thanks and regards,
Paul

Hi Buddy,

According to the Maternity Act of 1961, Sec-3(O), "Women" means a woman employed directly or through any agency for wages in any establishment. Therefore, both categories of women you mentioned above are eligible to claim maternity benefits. Additionally, according to the Maternity Act, 80 days must be taken into account for calculation purposes.

With Regards,

Mr. Thumbs Up

The old rule was 180 days; probably the Karnataka government forms have not been updated. The provisions of the Maternity Benefits Act will apply - 80 days.

Dear Mr. Paul,

Mr. Saswata Banerjee has provided you with the correct reply. Previously, it was 180 days. However, this has now changed. Currently, if a female employee works for 80 days, she will be eligible for Maternity Leave (both as a real mother and as a surrogate mother).