Explanation:

whichever is higher in above.

The Maternity Benefit Act, 1961 ("Maternity Act"): regulates employment of women in establishments before and after child-birth; provides for maternity leaves and certain other benefits such as leave for miscarriage or medical termination of pregnancy, leave with wages for tubectomy operation, payment of medical bonuses etc.; is applicable to factories, mines, the circus industry, plantations and shops and establishments employing at least 10 employees ("Covered Establishments"), except female employees who are covered under the Employees' State Insurance Act, 1948 ("ESI Act"); provides maternity benefits to female employees working in specified establishments and excludes women in the unorganized sector; entitles female employees in Covered Establishments to receive maternity benefits if they have worked with the employer for at least 80 days in the 12 months immediately preceding the date of expected delivery ("Eligible Employee").