She should have worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery.
From India, Delhi
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Sugga@52987, the question is not just about 80 days but the requirement of 12 months' service for entitlement. What you have said is a plain reading of the Act, but what we are trying to convey is the significance of 'in 12 months preceding the (expected) date of delivery.'
From India, Kannur
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Anonymous
Dear All,

Thanks for your valuable inputs and feedback.

Yes, we do have our policies, but for Maternity leave, it will be as per the Maternity Benefit Act. The reason this question has arisen is that we have female employees availing the maternity benefit. In this case, she did not disclose her pregnancy until her confirmation in June 23.

She came back to us in mid-July with her pregnancy news and claimed her Maternity leave on September 19.

The point here, as rightly highlighted by Madhu sir, is why is it mentioned in the act for the 12 months preceding, if the criteria are only for 80 days?

Warm Regards,
Usha Nikam

From India, Mumbai
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