Dear members,
This is really an interesting case to discuss. I would like to express my views and a practical case faced by my very closed friend in our company.
As per my opinion the women is entitled to Maternity Benefits under the Act only for 12 weeks, coz it is clearly mentioned 26 weeks benefit will be entitled only for two surviving children. After that only 12 weeks benefit will be entitled.
Here the important point is not that how many time you get the benefit, but the more important point is that the enhanced benefit (26 weeks) is applicable only upto 2 surviving children. I strongly disagree with our learned member Mr Rahul Chhabra who said “Under such a circumstance, the leaves and maternity benefit is restricted to the number of deliveries and not number of babies delivered in each delivery”.
However, if the member had only one child earlier and in the second case the woman has twins than it will be treated at sencond time (2nd child) benefit and both the babies and woman will be entitled all benefits which are applicable as “Second Child”.
My friend has twins in the second case where our HR provide all mediclaim benefits to the twins. As per company policy only two children are covered under Mediclaim, but the HR includes all his three children (the twins are considered as a single child).
But in the above case the member already has twins in the first case, hence the enhanced benefits will not applicable to the third child.
Legally, the HOD can't deny the benefit, she is entitled for 12 weeks leaves. Recently in Uttrrakhand same case filed by a govt employee where the state govt deny to give benefits for the third child.
https://www.livelaw.in/uttarakhand-h...al-read-order/
Senior members can put more light on the matter.