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Allowances 1) Works at any establishment/factory where the ESI Act applies. [SECTION 5 B]
in certain 2) Wages more than (excluding over-time) more than that of 2(9)(b) of the ESI Act
cases (which stands at 15,000 currently)
3) Plus fulfills the conditions of section 5 (2) of the Maternity Benefit Act, 1961
Conditions The claimant must have worked at the place of claim for atleast a period of 80 days [SECTION 5 (2)]
in the past 12 months before her expected delivery.
Whereas the qualifying period of 80 days will not apply to a lady who immigrates to
Assam and was pregnant while such immigration.
Period of 80 days preceding the 12 months of delivery also include
1) Days she was laid off
2) Was on holidays declared under any Law as holiday with wages.
BUT
If the claimant has 2/more surviving children the max period will be 12 weeks
(Approx 3 months).
Of these 12 weeks the benefit can’t be claimed for more than 6 weeks preceding the
expected date of delivery.