Already under ESI?
If ESI-eligible and contributing as per ESI norms, ESI Act maternity benefits generally apply instead of the Maternity Benefit Act (MBA), subject to coverage conditions.
Eligibility with 2 children?
Under the MBA (as amended), maternity leave is 26 weeks for up to two surviving children; for a woman having two or more surviving children, entitlement is typically 12 weeks.
Extension beyond 26 weeks?
Beyond statutory entitlement requires policy-based approval or unpaid leave/benefits as per employer policy; medical complications may be covered by sick/other leave as applicable.
Minimum service before leave?
MBA requires 80 days of employment in the 12 months immediately preceding expected delivery for eligibility (counting permitted days as per law).
Adoption/Commissioning mothers?
Adopting a child below 3 months or commissioning mothers via surrogacy are entitled to 12 weeks maternity benefit (as per MBA amendment).
Light duty during pregnancy?
Employers should avoid arduous/unsafe tasks and may provide light work as per medical advice and statutory rules to protect maternal health.
Applicability of the Act?
MBA applies to establishments (shops, factories, mines, plantations, etc.) meeting coverage thresholds; ESI-coverage may supersede for insured women.
Crèche facility?
Establishments with ≥50 employees to provide crèche and allow prescribed daily visits/intervals for childcare (as per rules/notifications).
Nursing breaks?
Post-return, women are entitled to nursing breaks during working hours for a prescribed duration/period, in addition to standard breaks.
Contract employees?
If the establishment is covered and the woman meets eligibility, benefits apply irrespective of direct/contract status; principal employer bears responsibility where applicable.
ESIC prenatal/postnatal?
ESIC provides maternity benefits (cash & medical) including prenatal/postnatal care for insured women subject to contribution & eligibility norms.
Rules for maternity benefit?
Under MBA, leave, benefits (at 100% wages), adoption/commissioning provisions, crèche, nursing breaks, and protection from dismissal are key mandates.
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