Maternity Benefit Act, 1961 has provisions for the purpose.
The maternity benefits under this act are as follows:
• Eligibility: A woman is eligible for maternity benefits when she has worked for at least 80 days in the preceding 12 months from her date of expected delivery.
• Pay: Employer shall pay Maternity benefit equal to Basic +DA+ Cash Allowances + Incentive Bonus for the period of absence to the women employee.
• Leave: The woman employee is eligible to get maternity benefit for 84 days (i.e. 12 weeks). Out of the 84 days, the period before delivery should be a maximum of 42 days
• Medical Bonus: Employer should pay Rs 250/- to the woman employee as Medical Bonus if no prenatal and postnatal care is provided to the concerned woman employee free of charge
• Other Leaves (with wages as in maternity benefit) arising out of pregnancy:
(a) Miscarriage, Medical termination - 6 weeks from the day after pregnancy Miscarriage, Medical termination of pregnancy
(b) Tubectomy- 2 weeks from the day after tubectomy
(c) Illness due to Pregnancy, Delivery - One month
• Nursing breaks: Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
If the company does not have any such policy, you may write to them to availing benefits as per law. If they do not respond to your query positively, you may serve a legal notice to that company to avail that.
Dr. M. K. Ravi