Navigating Maternity Leave After Preterm Birth: Is She Eligible for 6 Months Leave?

Hi Friends, One of my friend ( working in delhi pvt. School ) recently gave preterm birth ( in 5th month of pregnancy ). Sadly, the baby didn't survive.
Now query is – If she is eligible for 6 months maternity leave. If she is eligible for any other paid leaves under maternity benefit law.
Plz suggest, along with any copy of ruling / notification w.r.t. this particular clause if available.
NOTE - In normal cases, yes this school pays maternity leave of 6 months, but what in this case.

Hi,

The Section 10 of the Maternity Benefit Act 1961 states the following:

"A woman suffering from an illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage shall, on the 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."

I have corrected the spelling and grammar errors in the text and ensured proper paragraph formatting. The original meaning and tone of the message have been preserved.

Viability of a Foetus and Maternity Benefits

A foetus is considered to be viable after 24 weeks usually, though in the Maternity Benefits Act, it seems like 26 weeks is considered viable. So, a foetus which is in the 26th week or beyond is considered a viable foetus according to the Act.

If such a foetus is delivered but dead during or after the 26th week of pregnancy, the pregnancy is considered eligible for maternity benefits. This will be for 6 weeks from the date of delivery or expulsion of the foetus.

In case the foetus was stillborn or aborted before the 26th week of pregnancy, the same applies: 6 weeks of maternity leave from the date.

Amendment on Maternity Leave Duration

The amendment increasing the period of maternity leave from 12 weeks (maximum 6 weeks before the date of delivery and up to 12 weeks total leave) to 26 weeks (maximum 8 weeks before delivery and up to a total of 26 weeks of leave) is for the delivery of a living child. The additional weeks given are for the mother to take care of the child. This means the additional number of weeks should not be applicable if the child is not alive.

In any case where there is a stillbirth before 20 weeks, my interpretation would be that the lady is eligible for 6 weeks of maternity leave from the date of delivery/termination of pregnancy.

Request further clarifications from learned friends.