This benefit shall be available to all women employees either employed directly or through Contractor except domestic women employees employed in mines, Factories, plantations and also in other establishments if the State Government so decides.Therefore, if the State Government decides to apply this Act to women employees in shops and commercial establishments, they also will get the benefit of this Act.

Conditions for eligibility of benefits

Women are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery

Cash Benefits

• Leave with average pay for 8-Weeks before their expected Due Date
• Leave with average pay for remaining 18-Weeks can be availed post Childbirthv
• A medical bonus of Rs.25 if the employer does not provide free medical care to the woman
• An additional leave with pay up to one month if the woman shows proof of illness due to thePregnancy, delivery, miscarriage, or premature birth. In case of miscarriage, six weeks leave with average pay from the date of miscarriage

Non-Cash Benefits|Privilege

• Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it.
• The Maternity Benefit Amendment Act makes creche facility mandatory for every establishment employing 50 or more employees
• Women employees would be permitted to visit the crèche 4 times during the day (including rest intervals)
• No discharge or dismissal while she is on maternity leave.
• No change to her disadvantage in any of the conditions of her employment while on maternity leave.
• Pregnant women discharged or dismissed may still claim maternity benefit from the employer.

Exception: Women dismissed for gross misconduct lose their right under the Act for Maternity Benefit