Baby is born dead - employees completes maternity leave - joins and conceives again - CiteHR
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Asst. Hr Manager- Ir
Admn Head
+5 Others

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Hi All,
Please let me know if an employee is eligible for maternity benefits in below mentioned scenario - If an employee is on maternity leave and baby is born dead but employer has given all the maternity benefits to the employee.
Employee re-joins company after completing maternity break, and got conceived again and was pregnant at the re-joining the company which employer got to know after some time.
so will the employee be again eligible for maternity benefits??

Yes -----------------------------------------------------

Dear member,
1. Please confirm whether the female employee is covered under the Maternity Benefit Act or under ESI Act, 1948.
2. If covered under Maternity Benefit Act, 1961 the said female employee will be entitled for maternity benefit only if she had actually worked in the establishment of the employer for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery (Section 5(2) said Act.).
3. Therefore, in my opinion, after her rejoining the employment, her entitlement for another spell of maternity benefit will be examined afresh in view of provisions of said Act as mentioned above. .

Since the Act is silent about the number of times the benefits are available to employee, she is entitled to maternity benefits even if she enjoyed the full benefits earlier. The only condition is that preceding the expected date of delivery she should have worked at least for 80 days which includes all paid leaves,holidays and even the maternity leaves already availed. It is quite sure that she would get the qualifying attendance this time also and be eligible to get maternity leave again.

she is entitled to maternity benefits even if she enjoyed the full benefits earlier.
Dear sir
Pl.let me know the maternity law applicable to Shop and establishment firm.we are the dealer of the one of the international manufacturing firm.and comes under shop and establiment.and not under factory act.
If my female employee ask for maternity leave and expences at the time of many leave is untitled and how many exp.she will get.
Jayant Nisal


The Maternity Benefit Act is applicable to shops and commercial establishments also. It has wider scope to include employees in hospitals, schools etc. Hence whatever benefits, like 84 days paid leave and medical bonus of Rs 3500, are available to female employees under the said Act are payable to your female employee also. However, employer is under no obligation to give the benefits to such employees who are covered by and in receipt of ESI benefits.

The query has been addressed very well. Mr. Madhu has explained in totality. Fully agreed with members.
AS per the Maternity act 1961 maternity benefit can be given for 2 issues
No Dillewsari, The Act do not put any such limit. Varghese Mathew 09961266966

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