Can an Employee Still Get Maternity Benefits After Resigning? What Are Her Options?

One of our lady employees is going to resign in the month of April 2018. Her expected delivery month is September 2018, and she has been paying ESIC contributions for the last 2 years. My question is, can she avail maternity benefits after her resignation? If yes, what maternity benefits will she get?

In order to receive maternity benefits in the form of paid leave, I believe she must be an employee at the time of taking the leave. If she resigns in April, she will not fall under the definition of an employee when her delivery occurs. However, she will still be entitled to medical benefits until the benefit period ends, i.e., December 31, 2018.

I would appreciate Shri Harsh Kumar Mehta's expert opinion on this matter.

An employee should be in service for at least 80 days before the maternity leave is applicable. In this case, she is not eligible to apply for maternity leave.