Dear sir, I want to know about 80 working days in the twelve months immediately preceding the date of expected delivery. Are the working days of the training period of an Executive Trainee also included in counting the 80 days? If the baby is premature, then how can maternity leave be taken as per the Maternity Benefit Act, 1961?
From India, Delhi
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From India, Delhi
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Yes, to your first question, the Act states that "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.
Maternity Leave for Premature Births
If the baby is premature, the section states the following: A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, [miscarriage, medical termination of pregnancy, or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
From India, Delhi
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115Maternity Leave for Premature Births
If the baby is premature, the section states the following: A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, [miscarriage, medical termination of pregnancy, or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
From India, Delhi
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Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc