Hi,
Maternity Benefit Act applies to all establishments employing 10 or more employees. (Establishments which are factories, mines, plantations, Government establishments, shops and establishments under the relevant applicable legislations, or any other establishment as may be notified by the Central Government. )
First please ensure your Establishment is covered under MB Act.
If that particular women employee is not covered under ESI and subject to her eligibility for Maternity benefit (woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months. ) employer is liable to sanction 26 weeks (182 days) leave with salary.
Employee to submit a request letter for Maternity Benefit with confirmation certificate /lab report confirming her maternity.
Once she report back to office after MB leave, please collect delivery certificate for personal file records.