Maternity Leave Entitlement: Does My Wife Qualify for Full Benefits After Our Loss?

Hi my wife has started her maternity leave from 15/01/2020 her expected date was on 23 rd March but on 7 th March she delivered and baby didn't survive. So is she entitled for all benefits of 180 days maternity leave .please advice.

Yes, because there could be post-delivery complications even though the child died.

Relevant extract of Maternity Benefits Act 1961

9. Leave for miscarriage. -- In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage.

10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage. -- A woman suffering illness arising out of pregnancy, delivery, premature birth of child, or miscarriage 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.

Hope this clarifies. An employee is entitled to full maternity leave and even one month extra if applicable. After 2017, the employee is entitled to 26 weeks of leave.

It is not uncommon for such unfortunate complications to take place. There is nothing under existing norms that prevents the utilization of maternity benefits in such cases.