Re: Applicability Of Maternity Benefit Act To Unmarried Female Employee

Pankaj,
For deciding the eligibility for maternity benefit 80 days should be counted backwards from the expected date of delivery. It is not necessary that she should work 80 days in a calendar year or financial year. Therefore, if she has worked for 80 days immediately preceding the expected date of delivery she will be entitled to maternity benefits.
Madhu.T.K

Dear Madhu T.K
i am bit confused about deciding the eligibility for maternity benefit,
here in my case our female employee is working from may 2015 however she has worked only 46 days till 15/6/2016 in FY 2016-17 and her expected delivery date is 30/9/3016,
pls let me know how to calculate 80 days to check the eligibility

5. Right to payment of maternity benefit. --
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than 80days in the twelve months immediately preceding the
date of her expected delivery:
This is the rule on the subject.
Key words--- 80 days immediately Preceding date of expected delivery.
So if your employee has worked from May 2015,she should be eligible for Maternity Benefits

In my last post I wrote "The marital status of the woman employee does matter in relation to the application of Maternity Benefit Act.".
I missed a very important word giving it a different meaning. One should read it as here under:
"The marital status of the woman employee does NOT matter in relation to the application of Maternity Benefit Act."

As already pointed out you have to work out the qualifying days from the expected date of delivery. Do not take calendar year or financial year, take 12 months from the expected date of delivery. In your case it should be backward from 30-9-2016. Naturally, by 30th September she will complete 80 days and will qualify for maternity benefits. You should also bear in mind that this 80 days should be including all holidays, weekly off days for which she is paid salary.
Madhu.T.K

Dear Pankaj,
If an women is not married, How she will be considered for Maternity Benefit? In all forms related to Maternity benefit act, there is a column asking to state the Husband Name? If not married How you can provide the Husband Name?
Sathish.J

In all the forms either husband's name or father's name is to be written. Even form E to be submitted to the employer before proceeding for maternity leave is not compulsory and failure to submit notice of pregnancy will not disentitle a woman to get the benefits under the Maternity Benefit Act
Madhu.T.K

Hi All, from when is the new maternity act i.e. 26 weeks applicable. Is there a date given by government or is it applicable with immediate effect after passing of bill.