Maternity Leave Dilemma: Is One Month Extra Pay for Pregnancy-Related Illness Justified?

Dear Sir,

Kindly confirm the rules under Sections 6 and 9 of the Maternity Benefit Act, 1961 (Haryana Shops & Establishments Act) as she is claiming one month of additional payment for leave with wages due to illness related to pregnancy. We have already paid 84 days of salary and the remaining balance of earned leave with wages to her.

Thanks & Regards,
knjha

Maternity Benefit Act, 1961: Section 10 Explanation

Your query relates to Section 10 of the Maternity Benefit Act, 1961, which may be read as follows:

Sec. 10. Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy, or tubectomy operation: A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, miscarriage, medical termination of pregnancy, or tubectomy operation 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.

Ask her to produce a certificate in Form 'C' as provided by the Haryana Maternity Rules, 1967, from a medical officer/medical practitioner for the grant of this type of leave.

Your matter does not relate to Section 9 of the MB Act, 1961.

Regards,
R N KHOLA

Dear sir,

Kindly confirm the following once again:

As per Section 10 of the Maternity Benefit Act, if a woman is suffering from an illness arising during her pregnancy, she is entitled to leave with wages for a maximum period of one month in addition to the period of absence allowed to her under Section 6 or 9, as the case may be. This entitlement is granted upon the production of proof of illness from a specialist lady doctor.

Thanks & regards,
knjha

Dear KNJHA,

It is okay. The medical certificate is to be issued by a medical officer/medical practitioner.

Regards,
R N KHOLA