Please confirm the following: -
a) Date of Appointment of the Woman Employee
b) When she got pregnant? At the time of delivery did she complete more than 80 days of service?
Your query is more on childbirth that is out of wedlock. However, be it noted that the eligibility for the maternity leave is not linked to the marriage. Spinster, if becomes pregnant, is also eligible for the maternity leave. In the case at hand, instead of a spinster, the woman is a widow. But her marital status does not dilute the eligibility for the maternity leave.
3rd June 2019 From India, Bangalore
Marital status is not a criterion for claiming maternity benefit under the Maternity Benefit Act,1961. What is important is whether the employee has rendered the minimum length of qualifying service just before the date of cause of action for the claim only.
3rd June 2019 From India, Salem
I certainly agree with all members here that the lady would be eligible for the maternity leave irrespective of her marital status as long as she qualifies on the service duration.
But I would like to get my understanding correct here. What has been mentioned in your note is that she gave birth to a male infant outside wedlock and then 2 months later she got married to the same man who was the biological father of the infant, but became the legal father only after 2 months.
Did the lady actually take her leave at the time of childbirth and is she now asking for those leaves to be converted to maternity leaves on a backdated basis.
This is because under the maternity benefit act, it is mandatory that for 6 weeks after childbirth, female employees are not supposed to work even if they choose to. So, if she had been forced to report back to work within the 6 week period, then you may be looking at a much bigger problem here.
7th June 2019 From India, Bengaluru
In my view the lady is eligible for maternity leave. The marriage certificate can not be a criteria to deny. Whether the lady has provided information of pregnancy to her employer or not is a matter. But you need check with state Act & Rules of Asam as well as the service rule & conditions of the state.
The 2nd husband of the lady is eligible for partenity leave provided his marriage is first one.
5th July 2019 From India, Mumbai