Maternity leave for third child (when 1st baby didn't survive) - CiteHR
Management Consultancy
Insolvency N Gst Professional

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I have taken ML first child but baby born after delivery baby live in eight days after some illness death. Second ML taken one baby is there. Now I want to get another ML it's possible or not because now I have another baby because this is my second child. Meternity benifit only two survive child but I take already first baby and second baby nw third baby it's possible but now I have two living children
Rule/law on subject
Maternity leave available to working women has been increased from 12 weeks to 26 weeks for the first two children. This maternity benefit should not be availed before eight weeks from the date of expected delivery.
Maternity leave for third child onwards will continue to be 12 weeks.
Source of info:
The Maternity Benefit (Amendment) Act, 2017 (Act)

Dear Arush: The amended provision in MB Act reads as follows: ‘‘Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her
expected delivery;’’;
So the crucial question is the number of children surviving on the date of delivery in your case it is only one. So you are entitled to full 26 weeks.

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