The Maternity Benefit Act, 1961 as amended with the effect from 10-01-1989 has extended to shops, establishments and factories all over India where ten or more persons are employed or were employed on any day preceeding 12 months. Accordingly, the female employees will be entitled to maternity benefits at the rate of the average daily wage for actual absence, i.e., the period immediately preceeding the actual date of her delivery and any period immediately following that day. 

However, no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity-benefit, for a period of not less than eighty days in the twelve months immediately preceeding the date of her expected delivery.