As per the Act, to be eligible for maternity benefit, all women who have been working as an employee in an establishment for a period of at least 80 days in the past 12 months are eligible. Payment during the leave period is based on the average daily wage for the period of actual absence.
If the woman is covered under ESIC, she is not eligible for medical benefits but is eligible for paid leave and a medical bonus.
Recent Amendments:
The Maternity Benefit Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date, and the remaining time can be availed post-childbirth. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post the expected date of delivery).
Regards, Dharna Sharma