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May I know the maternity benefit for still born.. 32 weeks pregnant and the baby died and delivered.

Dear M'm,

I share your grief and anguish. But have courage, I believe you are still young and can have many babies safely in future. Try to get the feed back on the causes of the 'still born' and analyse what went wrong. And you'll know what to do in future to avert such shocks if you carefully follow the guidances given to you by the Gynaecologist.

Here is the link on the subject when this forum discussed similar circumstances.

Its also pertinent to know -

"miscarriage" means the expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the cause of which is punishable under the Indian Penal Code.

The Act does not define a term "still born" (dictionary says it's "dead at birth (unsuccessful/obortive, a baby that is born dead" but there is a term "miscarriage " as defined above (dictionary says it's "a spontaneous natual temination of a pregnancy, the fatal expulsion of a foetus from the womb before term") . I would leave it to you to decide what's what. But I could conclude from your description, the "child" was delivered as dead and therefore it's still born.

And your entitlements under the MB Act are:

"In the event of a miscarriage, the woman must produce relevant proof that she has suffered a miscarriage. This will entitle her to receive leave with wages at the rate of the maternity benefit, for a period of six weeks immediately following the date of the miscarriage".

You did not tell us whether you are covered under ESIC Act or Maternity Benefit Act.

As per ESIC act the details are:

Duration of benefit for confinement

L.9.4.1. Sub-rule (2) of the said Central Rule 56 ibid says that an insured woman is entitled to receive maternity benefit for confinement for all the days on which she does not work for remuneration during a period of 12 weeks of which not more than 6 weeks shall precede the expected date of confinement. This sub-Rule provides as follows:

(i) Maternity benefit for confinement is payable for a period of 12 weeks.

(ii) It is payable for all the days on which the insured woman does not work for remuneration.

(iii) In case insured woman claims maternity benefit before actual confinement, she is at liberty to

do so but she must submit a certificate of expected confinement issued in accordance with

regulations and the payment of maternity benefit will commence from a date –

(a) from which the benefit is claimed or

(b) from which work for remuneration is stopped or

(c) 42 days before the expected date of confinement, whichever is the last (See

Regulation 92).

(iv) If an insured woman stops work for remuneration before confinement but submits her maternity benefit claim only after confinement, the period of 12 weeks shall commence on the date from which she has claimed the benefit and has stopped work for remuneration,

irrespective of the fact whether or not she has submitted a certificate of expected confinement.

In cases of this nature, the restriction of duration of 6 weeks prior to date of expected confinement will not be applicable as the same is relevant only when maternity benefit is claimed before confinement. In such a case the IW will get maternity benefit from the day

she starts abstention if she claims it only after confinement i. e. after depositing her certificate specifying the date of confinement and she would be entitled to maternity benefit for 12 weeks from the date of abstention provided she satisfies the contributory condition with

reference to the date of actual confinement.

(v) If an insured woman does not abstain at all from work for remuneration before confinement and works for remuneration even on the date she confines, she will be entitled to maternity benefit for confinement for all the (12) 26 weeks commencing from the date following the date of

confinement provided insured woman does not work for wages during that period.

L.9.4.2. A week mentioned in the foregoing paragraphs is to be deemed as any period of 7 consecutive days. Thus “12 weeks” means a period of 12 consecutive weeks i. e., 84 consecutive days.

L.9.4.3. According to the provisions of sub-rule (2) ibid, an insured woman is entitled to maternity benefit for 12 consecutive weeks and on all the 84 days of these 12 weeks she must not work for remuneration. If she rejoins duty before the expiry of 12 weeks, maternity benefit must be stopped.

However, she may again start abstaining from work in which case, maternity benefit can be resumed as a fresh claim and paid for all the days falling within the range of 12 weeks, no payment being made for the days on which she worked for remuneration. But the said days will be counted for the purpose of arriving at the total range of 84 days.

Duration and eligibility for miscarriage or medical termination of pregnancy

L.9.5.1. The opening words “An insured woman who is qualified to claim maternity benefit in accordance with sub-rule (1)” used in sub-rule (3) of Rule 56 ibid imply that for determining title to maternity benefit in case of miscarriage under the Sub-Rule, the benefit period in which the event of miscarriage takes place is relevant. If contributions in respect of the insured woman were payable for not less than 70 days in the two contribution periods immediately preceding the benefit period in which the miscarriage occurs, she will be entitled to maternity benefit for all days on which she does not work for remuneration during six weeks immediately following the date of miscarriage, at the maternity benefit rate.

The period of 6 weeks for which maternity benefit is payable for miscarriage under the above provision

may be in one spell or more, but it must be within the range of 6 weeks from the date immediately following the date of miscarriage.

L.9.5.2. In addition to cases of natural abortion, cases of voluntary or induced abortion coming within the scope of Medical Termination of Pregnancy Act, read with the definition of miscarriage under Section 2(14-B) of the Act automatically qualify the insured woman for maternity benefit for miscarriage as provided under Rule 56 (3) ibid subject to fulfilment of other conditions. Legal opinion obtained in this

regard is reproduced below for guidance “Under Section 50 (3)1 , maternity benefit is permissible for miscarriage as defined in Section 2 (14-B), so long as it is not caused in the circumstances which constitute an offence under Indian Penal Code. It does not make any difference for the purpose of Section 50 read with Section 2 (14-B) whether the miscarriage is natural or caused voluntarily, so long as it is not an Now Central Rule 56 (3) offence under Indian Penal Code. Voluntary miscarriage has ceased to be an offence to the extent permissible under Medical Termination of Pregnancy Act.”

Please read the above text with 2017 amended provisions effective from 1.4.17.

From India, Bangalore
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