Navigating Maternity Benefits: Is an Employee Eligible After a Stillbirth and Reconceiving?

Please let me know if an employee is eligible for maternity benefits in the below-mentioned scenario: If an employee is on maternity leave and the baby is stillborn, but the employer has provided all the maternity benefits to the employee. The employee rejoins the company after completing the maternity break, conceives again, and is pregnant upon rejoining the company, which the employer discovers after some time.

So, will the employee be eligible for maternity benefits again?

Please confirm whether the female employee is covered under the Maternity Benefit Act or under the ESI Act, 1948. If covered under the Maternity Benefit Act, 1961, the said female employee will be entitled to maternity benefits only if she has actually worked in the establishment of the employer for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery (Section 5(2) of said Act).

Therefore, in my opinion, after her rejoining the employment, her entitlement for another spell of maternity benefit will be examined afresh in view of the provisions of the said Act as mentioned above.

Eligibility for Maternity Benefits

Since the Act is silent about the number of times the benefits are available to employees, she is entitled to maternity benefits even if she enjoyed the full benefits earlier. The only condition is that preceding the expected date of delivery, she should have worked for at least 80 days, which includes all paid leaves, holidays, and even the maternity leaves already availed. It is quite certain that she would meet the qualifying attendance requirement this time as well and be eligible to take maternity leave again.

Regards,
Madhu.T.K

Please let me know the maternity law applicable to a Shop and Establishment firm. We are a dealer of one of the international manufacturing firms and come under the Shop and Establishment Act, not under the Factory Act.

Maternity Leave Entitlement

If my female employee asks for maternity leave and expenses at the time of maternity, how many days of leave is she entitled to and what expenses will she receive?

Regards,
Jayant Nisal
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As per the Maternity Act of 1961, maternity benefits can be provided for 2 issues.

Hi,

We are entitled to 37 days of leave per year, which includes earned leave, casual leave, and sick leave. Female employees have the right to take up to 12 weeks of paid maternity leave. In the unfortunate event of a miscarriage, she is eligible for 6 weeks of paid leave. My question is whether these leaves are part of the 37 days already allocated to every employee or if they are additional to the 37 days.

Kind regards,

Aavni Tandon

Maternity leave of 12 weeks or 6 weeks for miscarriage are leaves in addition to the 37 days (or 36 days??) leave admissible to all employees.

Madhu.T.K