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What are the requirements to avail maternity benefits


26-Apr-2023 (In Labour & Service Law)

What are the requirements to avail maternity benefits. Is it centrally applicable to the entire India? secondly is there any minimum requirement which is a necessary like there must be minimum number of employees in the company.

Answers (1)

Answer #1
284 votes

No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom the claims maternity benefit, for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery:

Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into she State of Assam and was pregnant at the time of the immigration.

Explanation. - For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day

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