Dear Dinesh,
This is with reference to your query regarding entitlement of Maternity benefits.
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 eighty days in the twelve months immediately preceding the date of her expected delivery.
For computing eighty days for maternity benefits; following days have to be included.
1. Sundays and Holidays for which an employee is paid.
2. Period of Lay-off / legal Strike
3. Approved leave for which an employee is paid.
4. Absence of temporary disablement due to Accident.
Also, provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has immigrated into the state of Assam and was pregnant at the time of the immigration.