How to establish if an employee is eligible for maternity benefit

723 votes

As per your query
We are an NGO and have an employee who has joined in May 2018. She is currently pregnant. Will she be eligible for maternity benefit in reference to the rule: Eligibility: 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. What does 'In the past 12 months' mean. Please clarify. Also, will the abovementioned employee be eligible for maternity benifit.


Your employee entitled for maternity leave and other maternity benefits also if your employee is employee in the eye of law.

LawRato LawRato

938 votes

This is my response to you:
1. This depends on the fact of her employment;
2. If the employee joined on 1st May, 2018 then technically speaking, 30 days (May) + 30 days (June) + 30 days (July) + 14 days (August) then more than 80 days have been complete (holidays you have to calculate);
3. The 12 months means, within a year;
4. Therefore calculate the holidays and the working days etc. and you will find your answer.

Advocate Gowaal Padavi LawRato