Hi Friends, One of my friend ( working in delhi pvt. School ) recently gave preterm birth ( in 5th month of pregnancy ). Sadly, the baby didnít survive.
Now query is Ė If she is eligible for 6 months maternity leave. If she is eligible for any other paid leaves under maternity benefit law.
Plz suggest, along with any copy of ruling / notification w.r.t. this particular clause if available.
NOTE - In normal cases, yes this school pays maternity leave of 6 months, but what in this case.
6th August 2019 From India, Delhi
Hi, The Section 10 of Maternity benefit act 1961 states the following;
"A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage 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."
6th August 2019 From India, Chennai
A foetus is considered to be viable after 24 weeks usually, though in the the Maternity Benefits Act it seems like 26 weeks is considered as viable. So a foetus which is in the 26th week or beyond is considered as a viable foetus according to the Act.
If such a foetus is delivered but dead during or after 26th week of pregnancy, the pregnancy is considered as eligible for maternity benefits. This will be for 6 weeks from the date of delivery or expulsion of foetus.
In case the foetus was still born or aborted before 26th week of pregnancy, the same applies, 6 weeks of maternity leave from the date.
The amendment increasing the period of maternity leave from 12 weeks (maximum 6 weeks before date of delivery and up to 12 weeks total leave) to 26 weeks (maximum 8 weeks before delivery and up to total 26 weeks of leave) is for delivery of a living child. The additional weeks given is for the mother to take care of the child. Which means the additional number of weeks should not be applicable if the child is not alive.
In any case, where there is a still birth before 20 weeks, my interpretation would be that the lady is eligible for 6 weeks maternity leave from the date of delivery/termination of pregnancy.
Request further clarifications from learned friends.
7th August 2019 From India, Kolkata
Dr. Bijoy
Thanks for such a detailed explanatory reply.
8th August 2019 From India, Delhi
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