Contractual Employee Maternity Benefits: Is She Eligible After Two Months?

We have hired a female employee for a six-month contractual period. After two months, she is asking for maternity benefits. Is she eligible or not? Please guide.

User input: https://www.livelaw.in/temprorary-ad...at-read-order/ Advice you to visit Labour Commissioner office for clarification.

Corrected text:
Please visit the Labour Commissioner's office for clarification.

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I have corrected the spelling errors and adjusted the sentence for better clarity. Let me know if you need any further assistance.

Dear Anil,

A couple of questions:

1. As it's only been 2 months since she joined, did she declare her pregnancy at the time of joining?
2. How many weeks pregnant is she? Has she submitted any applications seeking Maternity Benefits?

FYI, any employee who has served not less than 80 days in an organization is eligible to receive maternity benefits as mentioned in the act.

I assume the eligibility criteria are 180 days and not 80 days. Please correct me if I am wrong.

R R Kapoor
Vadodara

Dear RR Kapoor,

Section 5.2 of the Maternity Benefit (MB) Act states the following:

"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."

Regards,
Rahul