law: Maternity Benefit Act,1961 
  5. Right to payment of maternity benefits 
   4  [(1) Subject to the provisions of this Act, every woman
  
  shall be entitled to, and her employer shall be liable for, the payment of
  
  maternity benefit at the rate of the average daily wage for the period of her
  
  actual absence, that is to say, the period immediately preceding the day of her
  
  delivery, the actual day of her delivery and any period immediately following
  
  that day.]
   Explanation:  For the purpose of this sub-section, the
  
  average daily wage means the average of the woman's wages payable to her for
  
  the days on which she has worked during the period of three calendar months
  
  immediately preceding the date from which she absents herself on account of
  
  maternity, 12[the minimum rate of wage fixed or revised under the
  
  Minimum Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest].
  (2) 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 13[eighty days] in
  
  the twelve months immediately preceding the date of her expected delivery:
  PROVIDED  that the qualifying period of 13[eighty
  
  days] aforesaid shall not apply to a woman who has immigrated into the State of
  
  Assam and was pregnant at the time of the immigration.
   Explanation  :  For the purpose of calculating under
  
  this sub-section the days on which a woman has actually worked in the
  
  establishment, 14[the days for which she has been laid off or was on
  
  holidays declared under any law for the time being in force to be holidays with
  
  wages] during the period of twelve months immediately preceding the date of her
  
  expected delivery shall be taken into account.
   15  [(3) The maximum period for which any woman shall be
  
  entitled to maternity benefit shall be twelve weeks of which not more than six
  
  weeks shall precede the date of her expected delivery:]
  PROVIDED  that where a woman dies during this period,
  
  the maternity benefit shall be payable only for the days up to and including
  
  the day of her death:
   15  [PROVIDED FURTHER that where a woman, having been
  
  delivered of a child, dies during her delivery or during the period immediately
  
  following the date of her delivery for which she is entitled for the maternity benefit,
  
  leaving behind in either case the child, the employer shall be liable for the
  
  maternity benefit for that entire period but if the child also dies during the
  
  said period, then, for the days up to and including the date of the death of
  
  the child.]
  Comment  :  The provisions of S. 5 of the Act
  
  quoted above make it clear that a woman worker who expects a child is entitled
  
  to maternity benefits for a maximum period of twelve weeks which is split up into
  
  two periods viz. pre-natal and post-natal. The first one i.e. pre-natal or
  
  ante-natal period is limited to the period of woman's actual absence extending
  
  upto six weeks immediately preceding and including the day on which her
  
  delivery occurs and the second one which is post-natal compulsory period
  
  consists of six weeks immediately following the day of delivery. B. Shah v.
  
  Presiding Officer, Labor Court Coimbatore, AIR 1978 SUPREME COURT 12