Navigating Maternity Leave Rules: Can I Take Leave for My Third Child After a Loss?

I have taken ML for my first child, but the baby born after delivery only lived for eight days due to some illness and passed away. I have a second child for whom I have taken maternity leave. Now, I want to take another maternity leave. Is it possible since I now have another baby as this is my second child? Maternity benefit is provided for only two surviving children, but I have already taken leave for my first and second babies. Now, with a third baby, is it possible to take maternity leave considering I currently have two living children?

Rule/law on subject

Maternity leave available to working women has been increased from 12 weeks to 26 weeks for the first two children. This maternity benefit should not be availed before eight weeks from the date of expected delivery.

Maternity leave for the third child onwards will continue to be 12 weeks.

Source of info: The Maternity Benefit (Amendment) Act, 2017 (Act)

Dear Arush: The amended provision in MB Act reads as follows: ‘‘Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her
expected delivery;'';
So the crucial question is the number of children surviving on the date of delivery in your case it is only one. So you are entitled to full 26 weeks.