I'm sorry and share your grief that your baby couldn't be saved despite your best efforts.
Let me understand the position clearly -
You were pregnant, availed ML (if yes, from when to when?)
You delivered the baby (either thru' normal or caesarean) and the baby expired suffering postnatal complications.
And I presume, you exhausted the Maternity Leave available during pregnancy and after the delivery ( ie. 240 days).
And you wish to know any special leave, over and above the Maternity Leave available for the child care.
As you said this is neither an abortion nor a miscarriage.
In order to study your case please let us know about your employers, whether covered by WB Govt. service or ESIC or by Maternity Benefit Act.
The Maternity Benefit Act apply all over India incl. WB wherever there is no ESI coverage.
In WB, in contrast to other states, special leave policies & rules are in vogue. I could see some of them which is reproduced, which in case, might help you in this situation.
Child Care Leave for West Bengal State Govt. Employees
The government of West Bengal
No. 1364-F(P) Dated: 15.02.2012
Consequent upon recommendation of the Fifth State Pay Commission for introduction of ‘Child Care Leave’ in favour of female State Government Employees, the matter has been under consideration of the Government for some time past.
After careful consideration of the matter, the undersigned is directed by the order of the Governor to say that the Female Govt. Employees having minor children may be granted Child Care Leave (CCL) by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during their entire service period for taking care of upto two children upto 18 years of their age whether for rearing or to look after any of their needs like examination, sickness etc. subject to the following conditions:
(i) During the period of such leave, the female employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(ii) It may not be granted in more than 3 (three) spells in a calendar year.
(iii) It may not be granted for less than 15 days in a spell.
(iv) Child Care Leave shall not be debited against the leave account.
(v) It may be combined with leave of the kind due and admissible.
(vi) Child Care Leave should not ordinarily be granted during the probation period except in case of certain extreme situation where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which such leave is sanctioned during probation is minimal.
(vii) Other terms and conditions as applicable to sanctioning Earned Leave shall be applicable in the matter of sanctioning Child Care Leave.
(viii) An account for the purpose shall have to be maintained under proper attestation by the leave sanctioning authority.
2. This order shall take effects from 1st January, 2012.
3. Formal amendments in the relevant rules of the West Bengal Service Rules will be made in due course.
Sd/- A.K. Das
Joint Secretary to the
Government of West Bengal,
Child Adoption Leave - available, but not extracted here....
Also see some more references attacehd.,which are applicable to teaching & non-teaching staff of WB.
18th December 2018 From India, Bangalore
Can I avail 180 days maternity leave from 10/11/18...?
19th December 2018 From India, Kolkata
You are eligible to avail full quota of ML of 6 months as per the WB Rules. I hope you are continued to be on ML and there is no necessity to cut short your ML and rejoin duty on the plea that the just born child has since expired. No worry.
WB Leave rules also are attached for your ready ref. Take care.
Pl.see the discussion on ML in this link also for your knowledge -
19th December 2018 From India, Bangalore