Dear Sir,

Kindly confirm the rules under Sections 6 and 9 of the Maternity Benefit Act, 1961 (Haryana Shops & Establishments Act) as she is claiming one month of additional payment for leave with wages due to illness related to pregnancy. We have already paid 84 days of salary and the remaining balance of earned leave with wages to her.

Thanks & Regards,
knjha

From India, Gurgaon
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Dear Member,

You query relates to section 10 of Maternity Benefit Act, 1961 which may be read as under.

Sec. 10. Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation.-A woman suffering from illness arising out of pregnancy, delivery; premature birth of child 4 [ miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Ask her to produce a certificate in Form ’C’ as provided by Haryana Maternity Rules, 1967 from a medical officer/medical practitioner for grant of this type of leave.

Your matter does not relate to section 9 of MB Act, 1961.

With Regards,

R N KHOLA


From India, Delhi
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Dear sir,

Kindly confirm the following once again:

As per Section 10 of the Maternity Benefit Act, if a woman is suffering from an illness arising during her pregnancy, she is entitled to leave with wages for a maximum period of one month in addition to the period of absence allowed to her under Section 6 or 9, as the case may be. This entitlement is granted upon the production of proof of illness from a specialist lady doctor.

Thanks & regards,
knjha

From India, Gurgaon
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Dear KNJHA, It is OK. Medical certificate is to issued by a medical officer/medical practitioner. Regards, R N KHOLA
From India, Delhi
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