Maximum Maternity Leave entitlement after birth of child if no leave taken before birth

Dear Members,
Can a woman employee avail all her 26 weeks maternity leave after birth of child, if no leave taken before birth of child.
Regards,
Mahesh Kumar Pandey

Yes. The full period of leave can be taken after delivery.

Dear Diana,
Please provide documentary proof, if any.
Regards,
Mahesh Kumar Pandey

As per Maternity Benefit (Amendment) Act 2017 the maternity benefit period is 26 weeks, of which maximum could be 8 weeks before delivery, upto two children and beyond that it is 12 weeks of maternity benefit of which not more than 6 weeks can be before delivery. Accordingly, the Act lays down only a max. period for the time before delivery , so it could be lesser also including even the date of delivery.