Navigating Maternity Leave: Can Employees Take Leave in Back-to-Back Years After a Loss?

Hi Nidhi,

An employee in our company went on maternity leave in mid-2008. Unfortunately, due to a mishap, her newborn baby passed away. Now she is planning to start a family again in 2009. Are there any legal restrictions preventing an employee from claiming maternity leave in two consecutive years? Is there any specific mandate for the company to adhere to in such cases, or will she be eligible for maternity leave under the Maternity Benefits Act like any other employee? Please provide guidance on this matter.

Thank you,
Nidhi

Dear Nidhi,

Maternity benefit is a women's right. It's sad that her baby expired. There is no such law she can avail maternity benefit for consecutive years.

Thanks & Regards,

Sonali Wagle
Email: wagle.sonali@gmail.com

Yes, she can claim maternity leave as long as she and her husband plan to have a baby. To determine her eligibility, you need to review all the rules of maternity benefit laws. If her case falls under special circumstances, she might be eligible. It seems like you are reluctant to approve leave, and your mindset appears to be against employees. This attitude is not favorable - it's bad, bad, bad :-(

An employee can claim maternity benefits in consecutive years; there is no rule against this. An employee can claim the benefit for up to a maximum of 2 living children. Please extend all facilities to your colleague.

Hi Nidhi,

This depends on what the law states. In some countries, the law states you can claim maternity allowance every two years, while in others, it states every other year, i.e., if one went on leave in 2009, the next leave should be in 2011. So, what does the law state in terms of maternity leave? It is better to understand the law to avoid litigations.

Chikotola

Dear,

We do not have the ideas of act and give our legal expert opinion without knowledge. It is the forum to know about the actual situation as per our act applicable in India. An employee can take maternity leave every year without any restriction. There is no limitation like two times as mentioned by friends. She can take maternity leave as and when required any number of times as per the Maternity Benefit Act 1961.

Thank you.

JS Malik

Dear all,

Thank you for your response. I read the Maternity Benefit Act as well, which had no specific clause about this. However, I definitely took into consideration that maternity benefit is a woman's right and no company can deny that, whether it is for consecutive years or in any other way.

This inquiry was made to gather more opinions on the matter and seek guidance if there were any other views or laws concerning this issue.

This was not intended to be anti-employee. It was done to understand different perspectives and to ensure clarity on the worst-case scenario as well.

Thank you.
Nidhi