Question
Under Chapter VI of the Code on Social Security, 2020,
what is the maximum duration of maternity leave available to a woman employee, and what is the minimum period of prior employment required to be eligible for maternity benefit?Solution
Under Section 60 of the Code on Social Security, 2020, every woman employee who has worked for at least 80 days in the 12 months immediately preceding the date of her expected delivery is eligible for maternity benefit. The maximum duration of maternity leave is 26 weeks, of which up to 8 weeks can be taken before the date of expected delivery and the remaining post-delivery. For women who already have two or more surviving children, the maternity benefit is restricted to 12 weeks, of which up to 6 weeks can be taken pre-delivery. A woman who adopts a child below 3 months of age, or a commissioning mother (a biological mother using surrogacy), is entitled to 12 weeks of maternity benefit from the date of adoption or when the child is handed over. Additionally, if the employer does not provide free pre-natal and post-natal care, the woman is entitled to a medical bonus of ₹3,500 under Section 64 of the Code.
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