The Maternity Benefit Act is applicable to every establishment which employs 10 or more people at any time during a year or has employed 10 people at any time during a year which is a factory, mine, plantation (both private and governmental) or to every establishment where people are employed for exhibition of equestrian, acrobatic and other performances.
It is also applicable to every shop or establishment within the ambit of any law in force at any time related to those establishments.
Each and every woman who has worked for at least 80 days in a year in an establishment where the act applies is eligible for the benefit. However, this criterion is relaxed for women who immigrated into the State of Assam and was pregnant at the time of the immigration.
The eligible women shall be paid the benefit at the rate of average daily wage payable to such women for the days of work during the period of three calendar months immediately before the absence from work.
The maximum period for which any woman is entitled to maternity benefit is 26 weeks of which not more than 8 weeks shall precede the date of her expected delivery whereas the maximum period entitled to maternity benefit to a woman having two or more than two surviving children is 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.
And in case a woman adopts a child below the age of 3 years with due legal process, she is entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother.
Also, if a woman dies during the same period the benefit is payable only for the days up to her death but where a woman who has delivered a child already, dies during her delivery or immediately following the delivery, the benefit payable would be for entire period i.e. 26 or 12 weeks. However, if the child dies too then the benefit is payable up to the death of the child.
Each and every establishment covered under the act which employs 50 or more people are liable to have the facility of creche.