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View Poll Results: Under Maternity Benefit Act eligibility is
80 days 14 77.78%
one year 4 22.22%
Multiple Choice Poll. Voters: 18. You may not vote on this poll

Dear Sir/Madam,

One employee has completed 85 days of employment in three months. Under the Maternity Benefit Act, is she eligible for maternity leave? The Act specifies a requirement of not less than eighty days in the twelve months.

What is the eligibility period for Maternity Benefit, either 80 days or 12 months?

Regards,

From India, Pathankot
Attached Files (Download Requires Membership)
File Type: pdf Maternity Benefit Act.pdf (113.3 KB, 142 views)

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The employee in question is eligible for claiming maternity benefits under the Maternity Benefit Act, 1961. It appears that when she joined your employment, she was in an advanced stage of pregnancy. It is also presumed that she is not covered under ESI.
From India, New Delhi
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As per MB act women Must actually work for 80 days in 12 months immediately preceding her date of Delivery. Thus in above case lady is entitled for the benefits under amendment of MB act 2017.

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If a newly joined female employee covered under ESI has remitted 123 days of contributions but has not remitted the contributions for 9 months, she may not be eligible to receive benefits under ESIC. In such a case, is she still eligible to receive maternity benefits from the employer under the Payment of Maternity Act? Please confirm.
From India, Mira Road
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YES, the Woman Employee should get benefits under The maternity benefit Act, 1961 consequent to not getting MB under ESI Act, though covered under ESI
From India, New Delhi
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I joined an organization on February 18, 2022, and started contributing to ESI from April 1st. On February 27th, I confirmed that I am one month pregnant. As per ESI and HR policies, I am not eligible for paid maternity leave. Please suggest. My delivery date is on October 31st, and I plan to work until October 20th. Am I eligible for paid maternity leave?
From India, Hyderabad
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