Umakanthan53
Labour Law & Hr Consultant
Pvenu1953@gmail.com
Retired Government Servant/advocate
Nathrao
Insolvency N Gst Professional

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Hi my wife has started her maternity leave from 15/01/2020 her expected date was on 23 rd March but on 7 th March she delivered and baby didnít survive. So is she entitled for all benefits of 180 days maternity leave .please advice.
Yes, because there could be post delivery complications though the child died.
Relevant extract of Maternity Benefits Act 1961 placed below for reference
9. Leave for miscarriage. -- In case of miscarriage, a woman shall, on production of such
proof as may be prescribed, be entitled to leave with wages at the rate of maternity
benefit for a period of six weeks immediately following the day of her miscarriage.
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or
miscarriage. -- 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
Hope this clarifies.Employee is entitled for full maternity leave and even one month extra if applicable
After 2017, employee is entitled for 26 weeks of leave.

It is not uncommon that such unfortunate complications take place. There is nothing under extant norms that prevents availing of maternity benefits in such cases.
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