Ruchika is working in an establishment and she legally adopted a girl child aged one month. She claimed for the maternity leave and other benefits but her employer denied since she has not given the birth, but adopted a

In terms of section 5 of the Maternity Benefit Act, 1961, 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. A woman shall be entitled to maternity benefit if 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 preceding the date of her expected delivery. A woman who legally adopts a child below the age of three months or a commissioning mother shall be 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, as the case may be. In the given case, since Ruchika has legally adopted a girl child, which is below the age of 3 months, hence she is entitled to get the maternity leave and other benefits.