Understanding Maternity Leave Eligibility: Do Holidays and Leaves Count in the 80 Days?

Hi Everyone, As per the Maternity Benefit Act, a female employee is eligible for maternity leave if she has worked for at least 80 days in the preceding 12 months from the date of her expected delivery. I want to know, will we exclude holidays, weekly offs, and leaves taken by the female employee while calculating those 80 working days?

Another thing I want to know is, "Do we have any different rules/regulations for the universities pertaining to eligibility criteria for maternity benefits?"

Regards, Vikas

Under Explanation To Section 5(2), all legal holidays will be included in the calculation of Maternity Benefit.

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A female employee joined the organization on 19-Sep-16. She applied for maternity leave from 02-Nov-16. Her Expected date of Delivery is 27-Dec-16.

From 19-Sep to 2-Nov, she hasn't worked for 80 days; hence, she will not be eligible for maternity leave as per the act.

I hope I am correct with this.