Discuss the right of a woman with regards to payment of maternity benefits.

According to Section 5 of the Maternity Benefit Act, 1961, every woman shall be entitled and her employer shall be liable for the payment of maternity benefit at the rate of the average daily wages for the period of her actual absence during the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day. For the purpose of calculating average pay, the wages payable to her during the period of 3 calendar months immediately preceding the date from which she absents herself on account of maternity shall be taken into account. The minimum rate of wages shall be such as are fixed or revised under the Minimum Wages Act, 1948 or ten rupees, - whichever is the highest. For the purpose of entitlement to the Maternity Benefit, a minimum eligibility period of actual working of women in such establishment is 80 days during a period of 12 months immediately preceding the date of her expected delivery. For the purpose of calculating the minimum of 80 days of work for the eligibility it is further mentioned that such period shall also include the days on which she was laid-off or it was a holiday declared under any law for the time being in force. The maximum period of maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery. The maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery. However if the woman dies during the abovementioned period, the maternity benefit shall be payable only for the days up to and including the day of her death. Further provided that where a woman, having been delivered of a child, dies during her delivery or during the period in which she was entitled to maternity benefit, leaving behind the child, the employer is liable to pay maternity benefit for the entire period, but if the child also dies during the said period, then, for the day upto and including the date of death of the child. A woman who adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mothers or a commissioning mother, as the case may be.