ashmita-chopra
Hello Everyone, I wanted to know if an employee is eligible for full 26 weeks of maternity leave, in case of neonatal death? I am unable to find any cause supporting this in th Maternity benefit Act. Can you help me out on this with supporting documents?
From India
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Umakanthan53
Labour Law & Hr Consultant

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umakanthan53
5922

Dear Ashmita,

The duration of the maternity benefit fixed u/s 5 (3) of the Maternity Benefit Act,1961 gets modified by the conditions mentioned in the second proviso to the same section in the event of the death of the mother ( employee) or child or both either during delivery or immediately after delivery.

If we analyse the above proviso, we can understand that -
(a) first it speaks about the death of the mother either during the delivery or immediately after delivery leaving the child alive and
(b) second about the surviving child dieing after the death of the mother.
In case (a), the maternity benefit shall be paid in its entirety despite the death of the mother.
In case (b), the benefit shall be paid upto the date of death of the child.
In any neonatal case as such cited in the post, the employee is entitled to maternity benefit for the entire period.

From India, Salem
PRABHAT RANJAN MOHANTY
530

wanted to know if an employee is eligible for Full 26 weeks maternity leave, in case of neonatal death? I am unable to find any cause supporting this in th Maternity benefit Act. Can you help me out on this with supporting documents

Dear Ashmita,
The employee is eligible for 26 week leave benefit even in the case of neonatal death because the benefit provisioned for the pre delivery & post delivery period. The explanation of Mr Umakanthnji is quite justified

From India, Mumbai

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