Dear Aniket,
I did notice the use of the word "Still Born Baby" and because of the space between "Still" and "born", I presumed you meant "yet to be born" and not "stillborn" (god forbid). There is a whole world of difference.
In case of a "yet to be born baby", she is entitled to 26 weeks Leave of Absence with Maternity Benefit from 08 weeks before the date of delivery. There is no argument on that.
In case of a "Miscarriage" (by definition in the Act, only upto & including 26th week of pregnancy) or "Medical Termination of Pregnancy" (by definition in the Act, only those terminations that are permissible under the MEDICAL TERMINATION OF PREGNANCY ACT) or "stillbirth" (though not defined in the act, but generally considered after 26th week of pregnancy and when the baby is born without signs of life)
FOR Miscarriage & MTP SEC 9 of the Act states: Leave for miscarriage, etc.—In case of miscarriage or medical termination of pregnancy, 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 or, as the case may be, her medical termination of pregnancy.
FOR STILLBIRTH: Though nothing is specified in the Act about STILLBIRTH, but keeping in mind the "spirit of the law", I feel such cases will fall under the category of "Miscarriage" or "MTP" and accorded leave as per sec 9.
In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.
Regards,
I did notice the use of the word "Still Born Baby" and because of the space between "Still" and "born", I presumed you meant "yet to be born" and not "stillborn" (god forbid). There is a whole world of difference.
In case of a "yet to be born baby", she is entitled to 26 weeks Leave of Absence with Maternity Benefit from 08 weeks before the date of delivery. There is no argument on that.
In case of a "Miscarriage" (by definition in the Act, only upto & including 26th week of pregnancy) or "Medical Termination of Pregnancy" (by definition in the Act, only those terminations that are permissible under the MEDICAL TERMINATION OF PREGNANCY ACT) or "stillbirth" (though not defined in the act, but generally considered after 26th week of pregnancy and when the baby is born without signs of life)
FOR Miscarriage & MTP SEC 9 of the Act states: Leave for miscarriage, etc.—In case of miscarriage or medical termination of pregnancy, 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 or, as the case may be, her medical termination of pregnancy.
FOR STILLBIRTH: Though nothing is specified in the Act about STILLBIRTH, but keeping in mind the "spirit of the law", I feel such cases will fall under the category of "Miscarriage" or "MTP" and accorded leave as per sec 9.
In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.
Regards,