Maternity Benefits Eligibility: Can My Friend Qualify After Just 3 Months at Her Job?

rahul-modgil
Hi, I am posting on behalf of my friend. Just wanted to check, she has been working with the company for the past 3 months now. When would she be eligible for maternity benefits? If she plans on having a baby in the next 3 months, can she still receive the benefits?
vmlakshminarayanan
First, please check whether her company falls under the purview of the Maternity Benefit Act.

The Maternity Benefit Act 1961

"The Maternity Benefit Act 1961 protects the employment of women during the time of her maternity and entitles her to a 'maternity benefit' — i.e., full paid absence from work — to take care of her child. The act is applicable to all establishments employing 10 or more employees."

Eligibility criteria

"As per the Act, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months. Payment during the leave period is based on the average daily wage for the period of actual absence."

If she fulfills the above criteria, she is eligible for 182 days of leave. If she is covered under ESI, she can claim the benefit through ESI.
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