Maternity Leave After Neonatal Loss: Are You Entitled to the Full 26 Weeks?

Hello Everyone, I wanted to know if an employee is eligible for the full 26 weeks of maternity leave in the case of neonatal death. I am unable to find any clause supporting this in the Maternity Benefit Act. Can you help me out with supporting documents on this?

Dear Ashmita,

Duration of maternity benefit under Section 5(3)

The duration of the maternity benefit fixed under Section 5(3) of the Maternity Benefit Act, 1961, is subject to modification by the conditions stated in the second proviso to the same section in the event of the death of the mother (employee) or child, or both, either during delivery or immediately after delivery.

Understanding the proviso conditions

Upon analysis of the aforementioned proviso, it can be understood that:
(a) Firstly, it pertains to the death of the mother either during delivery or immediately after delivery, leaving the child alive; and
(b) Secondly, it addresses the scenario where the surviving child passes away after the mother's death.

In scenario (a), the maternity benefit shall be paid in full despite the mother's demise. In scenario (b), the benefit shall be paid up to the date of the child's death. In any neonatal case as illustrated in the post, the employee is entitled to maternity benefit for the entire period.

I wanted to know if an employee is eligible for full 26 weeks of maternity leave in the case of neonatal death. I am unable to find any clause supporting this in the Maternity Benefit Act. Can you help me out with supporting documents?

The employee is eligible for a 26-week leave benefit even in the case of neonatal death because the benefit is provisioned for both the pre-delivery and post-delivery period. The explanation provided by Mr. Umakanthji is quite justified.