Dear Aniket,
I did notice the use of the word "Still Born Baby" and because of the space between "Still" and "born", I presumed you meant "yet to be born" and not "stillborn" (god forbid). There is a whole world of difference.
In case of a "yet to be born baby", she is entitled to 26 weeks Leave of Absence with Maternity Benefit from 08 weeks before the date of delivery. There is no argument on that.
In case of a "Miscarriage" (by definition in the Act, only upto & including 26th week of pregnancy) or "Medical Termination of Pregnancy" (by definition in the Act, only those terminations that are permissible under the MEDICAL TERMINATION OF PREGNANCY ACT) or "stillbirth" (though not defined in the act, but generally considered after 26th week of pregnancy and when the baby is born without signs of life)
FOR Miscarriage & MTP SEC 9 of the Act states: Leave for miscarriage, etc.—In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.
FOR STILLBIRTH: Though nothing is specified in the Act about STILLBIRTH, but keeping in mind the "spirit of the law", I feel such cases will fall under the category of "Miscarriage" or "MTP" and accorded leave as per sec 9.
In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.
Regards,
From India, Kochi
45I did notice the use of the word "Still Born Baby" and because of the space between "Still" and "born", I presumed you meant "yet to be born" and not "stillborn" (god forbid). There is a whole world of difference.
In case of a "yet to be born baby", she is entitled to 26 weeks Leave of Absence with Maternity Benefit from 08 weeks before the date of delivery. There is no argument on that.
In case of a "Miscarriage" (by definition in the Act, only upto & including 26th week of pregnancy) or "Medical Termination of Pregnancy" (by definition in the Act, only those terminations that are permissible under the MEDICAL TERMINATION OF PREGNANCY ACT) or "stillbirth" (though not defined in the act, but generally considered after 26th week of pregnancy and when the baby is born without signs of life)
FOR Miscarriage & MTP SEC 9 of the Act states: Leave for miscarriage, etc.—In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.
FOR STILLBIRTH: Though nothing is specified in the Act about STILLBIRTH, but keeping in mind the "spirit of the law", I feel such cases will fall under the category of "Miscarriage" or "MTP" and accorded leave as per sec 9.
In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.
Regards,
From India, Kochi
https://www.citehr.com/583178-matern...till-born.html
""In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.""
I agree.
Still born child and Maternity benefits
Child includes still born child also.
Maternity leave will not be impacted.
Read the definition of Child in the Act.(Sec 3 )
From India, Pune
""In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.""
I agree.
Still born child and Maternity benefits
Child includes still born child also.
Maternity leave will not be impacted.
Read the definition of Child in the Act.(Sec 3 )
From India, Pune
Dear Mr. Nathrao, Thank you for bringing the definition of "Child"... I some how missed it...
From India, Kochi
From India, Kochi
Totally Agreed with both the seniors Nathrao Sir & Arun Sir. But it seems like MTP therefore benefits should be as per section 9.
Also, there is no question of applying for PL. Only the querist can specify what exactly the case is.
From India, Pune
Also, there is no question of applying for PL. Only the querist can specify what exactly the case is.
From India, Pune
Dear Members,
While we are on the subject of Maternity Benefit, see these articles on recent judgements on this matter:-
Contract Employees In Govt Establishments Entitled To Maternity Leave At Par With Govt Servants: Kerala HC | Live Law
Maternity Leave Is Part Of Service Period, Must For A Woman To Be Real Mother: Madras HC [Read Order] | Live Law
From India, Kochi
While we are on the subject of Maternity Benefit, see these articles on recent judgements on this matter:-
Contract Employees In Govt Establishments Entitled To Maternity Leave At Par With Govt Servants: Kerala HC | Live Law
Maternity Leave Is Part Of Service Period, Must For A Woman To Be Real Mother: Madras HC [Read Order] | Live Law
From India, Kochi
Dear colleagues
While all the views and court judgements are abundantly in favour of MB to a lady prgnant employee, on reading the post once again , it states that the concerned lady is expecting a still born baby. How this is known before delivery is not known. Did sonography or such other investigation reveal this? Need clarification to decide full MB or MB for miscarriage/MTP.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
While all the views and court judgements are abundantly in favour of MB to a lady prgnant employee, on reading the post once again , it states that the concerned lady is expecting a still born baby. How this is known before delivery is not known. Did sonography or such other investigation reveal this? Need clarification to decide full MB or MB for miscarriage/MTP.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
The regulation says that it is being pregnant discrimination to treat a lady unfavorably at the grounds of her pregnancy or because she desires to take or has taken maternity leave (Equality Act 2010 s.18). To display discrimination a lady does no longer need to evaluate herself to how a person could have been dealt with however she desires to reveal that the treatment changed into due to her being pregnant.
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc