Dear Seniors, if an employee experiences a miscarriage in the 7th month of her pregnancy, will she be eligible for maternity leave? If so, how many days of leave is she entitled to according to the Maternity Benefit Act? Please provide a response. Thanks in advance.
Regards,
Anshu
From India, Gurgaon
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4Regards,
Anshu
From India, Gurgaon
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As per the Maternity Act of 1961, Leave for Miscarriage: In the case of a miscarriage or medical termination of pregnancy, a woman shall, on the production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for six weeks immediately following the day of the miscarriage or, as the case may be, her medical termination of pregnancy.
From India, Kota
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From India, Kota
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Dear Mr. Akhil, Thanks for your reply. What does it mean 'as may be prescribed'. Does it mean whatever period prescribed by the doctor but should not exceed six weeks. Regards, Anshu
From India, Gurgaon
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From India, Gurgaon
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A per the MB Act 1961,employee will be eligible for maternity benefit for miscarriage occurring during or prior to 26th week of her pregnancy .7th month means 28th week. Varghese Mathew 09961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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So will she be able to get the maternity leave Regards, Anshu
From India, Gurgaon
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From India, Gurgaon
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I have not come across any stipulation regarding the 26th week in Section (9) of the Maternity Benefit Act. A woman employee is eligible for six weeks' leave with wages (maternity benefit) for a miscarriage immediately following the day of her miscarriage. Therefore, a woman should be eligible for it even if she undergoes a miscarriage in the 7th month.
Regards,
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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Regards,
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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Mr Saikumar Please read the definition of 'miscarriage 'in section 2(j) of Maternity Benefit Act 1961. Varghese Mathew 09961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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You are right; I missed the definition. Accordingly, a miscarriage entitling a woman to leave under the Act shall occur during the period prior to or during the twenty-sixth week of pregnancy. Thanks for bringing this to my notice.
Regards,
B. Saikumar
From India, Mumbai
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Regards,
B. Saikumar
From India, Mumbai
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Maternity Leave Entitlement for Miscarriage
The woman employee is entitled to leave as per Section 9 of the Maternity Benefit Act 1961, read with Sections 3 and 5 of the Medical Termination of Pregnancy Act 1971. Section 9 of the MB Act reads as follows:
"9. Leave for miscarriage, etc. - In case of miscarriage or medical termination of pregnancy, 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 or, as the case may be, her medical termination of pregnancy."
From the above provision, it is obvious that the scope for leave is not restricted to 26 weeks of pregnancy but has a wider amplitude and covers even other terminations of pregnancy on medical grounds.
Although Section 3 of the MTP Act prescribes a limit of 20 weeks of pregnancy for legally terminating it, Section 5 states that the limit of the length of pregnancy would not be attracted where the termination of pregnancy is done to save the life of the pregnant woman.
I believe this to be one such case where the pregnancy was terminated in the 7th month. So accordingly, the employee would be entitled to six weeks of paid leave. Otherwise, it would lead to a piquant situation like in the case of a stillborn child and the pregnancy is terminated at a late stage beyond 26 weeks, and the employee is denied maternity benefits.
Regards,
KK
From India, Bhopal
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The woman employee is entitled to leave as per Section 9 of the Maternity Benefit Act 1961, read with Sections 3 and 5 of the Medical Termination of Pregnancy Act 1971. Section 9 of the MB Act reads as follows:
"9. Leave for miscarriage, etc. - In case of miscarriage or medical termination of pregnancy, 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 or, as the case may be, her medical termination of pregnancy."
From the above provision, it is obvious that the scope for leave is not restricted to 26 weeks of pregnancy but has a wider amplitude and covers even other terminations of pregnancy on medical grounds.
Although Section 3 of the MTP Act prescribes a limit of 20 weeks of pregnancy for legally terminating it, Section 5 states that the limit of the length of pregnancy would not be attracted where the termination of pregnancy is done to save the life of the pregnant woman.
I believe this to be one such case where the pregnancy was terminated in the 7th month. So accordingly, the employee would be entitled to six weeks of paid leave. Otherwise, it would lead to a piquant situation like in the case of a stillborn child and the pregnancy is terminated at a late stage beyond 26 weeks, and the employee is denied maternity benefits.
Regards,
KK
From India, Bhopal
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It may be necessary to examine the pertinent issues under the ESI Act (no mention under what act the querist is covered) & Maternity Act, Factories Act to have proper clarity. However, relevant provisions are extracted here which may add some information pertinent to this:
MATERNITY BENEFIT LAW
Definition of Maternity Benefit
L.9.1. Maternity benefit consists of periodical payments in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage, to an insured woman being certified to be eligible for such payments by an authority specified in this behalf by the Regulations [Section 46(1)(b)].
L.9.2. Certain terms used in the foregoing paragraph need to be clearly understood as follows:
• **Periodical Payments:** The payments to be made in respect of maternity benefit are periodical, but the periods at which they are to be made are not fixed. Further, payments relating to this benefit cannot be commuted into a lump sum.
• **Confinement:** Defined in sub-section (3) of Section 2 of the Act as "labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead." In other words, if labour results in the issue of a still-born child before the expiry of 26 weeks of pregnancy, it will not be considered as confinement. On the other hand, if the still-born child is delivered after 26 weeks of pregnancy, it will be considered as confinement. Also, the issue of a living child has to be deemed confinement in any case.
• **Miscarriage:** Defined in sub-Section (14-B) of Section 2 of the Act to mean "expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code."
• **Who is an Insured Woman?** The term "insured woman" has not been defined in the Act.
Duration and Eligibility for Miscarriage or Medical Termination of Pregnancy
L.9.5.1. The opening words "An insured woman who is qualified to claim maternity benefit in accordance with sub-rule (1)" used in sub-rule (3) of Rule 56 imply that for determining entitlement to maternity benefit in case of miscarriage under the Sub-Rule, the benefit period in which the event of miscarriage takes place is relevant. If contributions in respect of the insured woman were payable for not less than 70 days in the two contribution periods immediately preceding the benefit period in which the miscarriage occurs, she will be entitled to maternity benefit for all days on which she does not work for remuneration during six weeks immediately following the date of miscarriage, at the maternity benefit rate.
L.9.5.2. In addition to cases of natural abortion, cases of voluntary or induced abortion coming within the scope of the Medical Termination of Pregnancy Act, read with the definition of miscarriage under Section 2(14-B) of the Act, automatically qualify the insured woman for maternity benefit for miscarriage as provided under Rule 56 (3) subject to the fulfillment of other conditions. Legal opinion obtained in this regard is reproduced below for guidance: "Under Section 50 (3)1, maternity benefit is permissible for miscarriage as defined in Section 2 (14-B), so long as it is not caused in circumstances which constitute an offence under the Indian Penal Code. It does not make any difference for the purpose of Section 50 read with Section 2 (14-B) whether the miscarriage is natural or caused voluntarily, so long as it is not an offence."
Claim for Miscarriage or After Confinement
L.9.12.1. Under Regulation 89, every insured woman claiming maternity benefit for miscarriage shall, within 30 days of the date of the miscarriage, and every insured woman claiming maternity benefit after confinement, shall submit to the appropriate office by post or otherwise a claim for maternity benefit in form 19 together with a certificate of confinement or miscarriage in form 18 given in accordance with these regulations.
L.9.12.2. In other words, an insured woman claiming maternity benefit for miscarriage must submit to her Branch Office a claim for maternity benefit in Form 19, accompanied by a certificate of miscarriage, within 30 days of the date of miscarriage. However, Regional Directors have been delegated the power to relax the time limit of 30 days as provided in Regulation 89 up to a period of six months.
L.9.12.3. Regulation 89 quoted above also speaks of another important matter: claim for maternity benefit after confinement. For this type of claim, no time limit has been laid down. In such cases, the time limit for submission of a claim for maternity benefit after confinement will be as stated in Explanation (a) below sub-section (1A) of Section 77 of the ESI Act. As for the issue of a certificate, though there is no time limit in the regulations to obtain a certificate of confinement in cases where maternity benefit is claimed after confinement, it is in the interest of the insured woman to obtain a certificate of confinement as early as possible after her confinement because delay in approaching the Insurance Medical Officer may result in the disappearance of symptoms of recent childbirth (See also paragraph L.9.15).
E. Sickness Arising Out of Pregnancy, Confinement, Miscarriage
P.9.14.1. To claim maternity benefit for an additional month for sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage, the insured woman would submit the following:
(i) A claim for benefit in new form 9 (after scoring out portions not relevant), together with
(ii) The appropriate medical certificate in new form 7 as first, intermediate, or final certificate, as the case may be.
P.9.14.2. Whenever such a claim is received, the claims clerk will scrutinize the certificate in the same manner as applicable to certificates of sickness/temporary disablement. In addition, he will also check whether the IMO/IMP has clearly indicated the sickness being due to pregnancy, confinement, premature birth of a child, or miscarriage. These certificates should also be received within time limits laid down in Regulation 64.
This Act may be called the Maternity Benefit Act, 1961.
Application of Act
1[(1) It applies, in the first instance,
(a) To every establishment being a factory, mine, or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
(b) To every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]
• **Maternity benefit** means the payment referred to in sub-section (1) of section 5;
• **Miscarriage** means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);
Leave for Miscarriage, etc.
1Leave for miscarriage, etc. In case of miscarriage or medical termination of pregnancy, 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 or, as the case may be, her medical termination of pregnancy.
Leave for Illness Arising Out of Pregnancy, Delivery, Premature Birth of Child, Miscarriage, Medical Termination of Pregnancy or Tubectomy Operation
A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child [miscarriage, medical termination of pregnancy or tubectomy operation] 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.
Section 4 in The Maternity Benefit Act, 1961
4. Employment of, or work by, women prohibited during certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be:
(a) The period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) Any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.
Also refer to the discussion that took place in this link: Maternity Benefit Act - central govt.. CiteLegal Page 2
Regards
From India, Bangalore
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MATERNITY BENEFIT LAW
Definition of Maternity Benefit
L.9.1. Maternity benefit consists of periodical payments in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage, to an insured woman being certified to be eligible for such payments by an authority specified in this behalf by the Regulations [Section 46(1)(b)].
L.9.2. Certain terms used in the foregoing paragraph need to be clearly understood as follows:
• **Periodical Payments:** The payments to be made in respect of maternity benefit are periodical, but the periods at which they are to be made are not fixed. Further, payments relating to this benefit cannot be commuted into a lump sum.
• **Confinement:** Defined in sub-section (3) of Section 2 of the Act as "labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead." In other words, if labour results in the issue of a still-born child before the expiry of 26 weeks of pregnancy, it will not be considered as confinement. On the other hand, if the still-born child is delivered after 26 weeks of pregnancy, it will be considered as confinement. Also, the issue of a living child has to be deemed confinement in any case.
• **Miscarriage:** Defined in sub-Section (14-B) of Section 2 of the Act to mean "expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code."
• **Who is an Insured Woman?** The term "insured woman" has not been defined in the Act.
Duration and Eligibility for Miscarriage or Medical Termination of Pregnancy
L.9.5.1. The opening words "An insured woman who is qualified to claim maternity benefit in accordance with sub-rule (1)" used in sub-rule (3) of Rule 56 imply that for determining entitlement to maternity benefit in case of miscarriage under the Sub-Rule, the benefit period in which the event of miscarriage takes place is relevant. If contributions in respect of the insured woman were payable for not less than 70 days in the two contribution periods immediately preceding the benefit period in which the miscarriage occurs, she will be entitled to maternity benefit for all days on which she does not work for remuneration during six weeks immediately following the date of miscarriage, at the maternity benefit rate.
L.9.5.2. In addition to cases of natural abortion, cases of voluntary or induced abortion coming within the scope of the Medical Termination of Pregnancy Act, read with the definition of miscarriage under Section 2(14-B) of the Act, automatically qualify the insured woman for maternity benefit for miscarriage as provided under Rule 56 (3) subject to the fulfillment of other conditions. Legal opinion obtained in this regard is reproduced below for guidance: "Under Section 50 (3)1, maternity benefit is permissible for miscarriage as defined in Section 2 (14-B), so long as it is not caused in circumstances which constitute an offence under the Indian Penal Code. It does not make any difference for the purpose of Section 50 read with Section 2 (14-B) whether the miscarriage is natural or caused voluntarily, so long as it is not an offence."
Claim for Miscarriage or After Confinement
L.9.12.1. Under Regulation 89, every insured woman claiming maternity benefit for miscarriage shall, within 30 days of the date of the miscarriage, and every insured woman claiming maternity benefit after confinement, shall submit to the appropriate office by post or otherwise a claim for maternity benefit in form 19 together with a certificate of confinement or miscarriage in form 18 given in accordance with these regulations.
L.9.12.2. In other words, an insured woman claiming maternity benefit for miscarriage must submit to her Branch Office a claim for maternity benefit in Form 19, accompanied by a certificate of miscarriage, within 30 days of the date of miscarriage. However, Regional Directors have been delegated the power to relax the time limit of 30 days as provided in Regulation 89 up to a period of six months.
L.9.12.3. Regulation 89 quoted above also speaks of another important matter: claim for maternity benefit after confinement. For this type of claim, no time limit has been laid down. In such cases, the time limit for submission of a claim for maternity benefit after confinement will be as stated in Explanation (a) below sub-section (1A) of Section 77 of the ESI Act. As for the issue of a certificate, though there is no time limit in the regulations to obtain a certificate of confinement in cases where maternity benefit is claimed after confinement, it is in the interest of the insured woman to obtain a certificate of confinement as early as possible after her confinement because delay in approaching the Insurance Medical Officer may result in the disappearance of symptoms of recent childbirth (See also paragraph L.9.15).
E. Sickness Arising Out of Pregnancy, Confinement, Miscarriage
P.9.14.1. To claim maternity benefit for an additional month for sickness arising out of pregnancy, confinement, premature birth of a child, or miscarriage, the insured woman would submit the following:
(i) A claim for benefit in new form 9 (after scoring out portions not relevant), together with
(ii) The appropriate medical certificate in new form 7 as first, intermediate, or final certificate, as the case may be.
P.9.14.2. Whenever such a claim is received, the claims clerk will scrutinize the certificate in the same manner as applicable to certificates of sickness/temporary disablement. In addition, he will also check whether the IMO/IMP has clearly indicated the sickness being due to pregnancy, confinement, premature birth of a child, or miscarriage. These certificates should also be received within time limits laid down in Regulation 64.
This Act may be called the Maternity Benefit Act, 1961.
Application of Act
1[(1) It applies, in the first instance,
(a) To every establishment being a factory, mine, or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
(b) To every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]
• **Maternity benefit** means the payment referred to in sub-section (1) of section 5;
• **Miscarriage** means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);
Leave for Miscarriage, etc.
1Leave for miscarriage, etc. In case of miscarriage or medical termination of pregnancy, 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 or, as the case may be, her medical termination of pregnancy.
Leave for Illness Arising Out of Pregnancy, Delivery, Premature Birth of Child, Miscarriage, Medical Termination of Pregnancy or Tubectomy Operation
A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child [miscarriage, medical termination of pregnancy or tubectomy operation] 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.
Section 4 in The Maternity Benefit Act, 1961
4. Employment of, or work by, women prohibited during certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be:
(a) The period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) Any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.
Also refer to the discussion that took place in this link: Maternity Benefit Act - central govt.. CiteLegal Page 2
Regards
From India, Bangalore
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Thank you all for the replies. I still have one unresolved query. What does 'as may be prescribed' mean? Does it imply that the period should be as prescribed by the doctor but should not exceed six weeks?
Regards,
Anshu
From India, Gurgaon
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Regards,
Anshu
From India, Gurgaon
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Dear Anshu: As presribed means as provided under the Maternity Benefit Rules, and it states medical certificate from the doctor concerned. KK
From India, Bhopal
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From India, Bhopal
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The expression 'as may be prescribed' relates to proof. To know what kind of proof is to be submitted, you should refer to the rules framed by your State Government under the Maternity Benefit Act. For example, the Maharashtra Maternity Rules prescribe the production of proof in the form of a certificate either in Form 2, 3, or 4 signed by a medical practitioner or midwife. You need to refer to the rules of your State for this purpose.
Regards,
B. Saikumar
From India, Mumbai
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Regards,
B. Saikumar
From India, Mumbai
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Many learned followers have given their views. I too have benefited from these. My sincere thanks to all.
Summary of Understanding
1. Maternity leave is admissible for a period of 6 weeks after miscarriage and MTP (Sec. 9).
2. Miscarriage is defined in Sec. 3(j), which confines the period of miscarriage to 26 weeks.
3. In cases where the provisions do not allow any payment, the decision must be made based on self-decision-making ability and the best possibility in the interest of the employee. Acts provide for bare minimum provisions that must be followed. If an employer extends benefits more beneficial than those provided in the relevant Act, nobody stops you, provided you have the authority to do so or have obtained competent approval stating the facts.
4. It seems correct that in the instant case, the female employee was unfortunate and had to terminate pregnancy due to some medical problems either to the unborn child, herself, or both. It is advised she submit the Doctor's advice note before MTP or miscarriage. If this was a miscarriage, it might have been due to some accident as well.
Please take a sympathetic view in such cases because the female employee who has lost her pregnancy is going through turmoil. Apathy on the part of management will add to her agony. If you handle this case sympathetically, she will always remember it and prove to be one of the most faithful employees of the organization.
If some learned followers have different views, please share.
Regards,
AK Jain
From India, New+Delhi
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Summary of Understanding
1. Maternity leave is admissible for a period of 6 weeks after miscarriage and MTP (Sec. 9).
2. Miscarriage is defined in Sec. 3(j), which confines the period of miscarriage to 26 weeks.
3. In cases where the provisions do not allow any payment, the decision must be made based on self-decision-making ability and the best possibility in the interest of the employee. Acts provide for bare minimum provisions that must be followed. If an employer extends benefits more beneficial than those provided in the relevant Act, nobody stops you, provided you have the authority to do so or have obtained competent approval stating the facts.
4. It seems correct that in the instant case, the female employee was unfortunate and had to terminate pregnancy due to some medical problems either to the unborn child, herself, or both. It is advised she submit the Doctor's advice note before MTP or miscarriage. If this was a miscarriage, it might have been due to some accident as well.
Please take a sympathetic view in such cases because the female employee who has lost her pregnancy is going through turmoil. Apathy on the part of management will add to her agony. If you handle this case sympathetically, she will always remember it and prove to be one of the most faithful employees of the organization.
If some learned followers have different views, please share.
Regards,
AK Jain
From India, New+Delhi
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As per the act, we informed the employee that she would be eligible for six weeks of leave. Now, her brother has come today and mentioned that her child has passed away. He is suggesting that this situation should not be considered a case of miscarriage, and she should be entitled to 84 days of leave as per the act. Please advise if this is possible.
Regards,
Anshu
From India, Gurgaon
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Regards,
Anshu
From India, Gurgaon
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Maternity Benefits Under Section 5(3) of the MB Act
Relevant section 5(3) for maternity benefits of the MB Act reads as follows, which is clear in itself: The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day. Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death. Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following the day of her delivery. However, if the child also dies during the said period, then for the days up to and including the day of the death of the child.
Regards,
V.K. Gupta
From India, Panipat
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Relevant section 5(3) for maternity benefits of the MB Act reads as follows, which is clear in itself: The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day. Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death. Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following the day of her delivery. However, if the child also dies during the said period, then for the days up to and including the day of the death of the child.
Regards,
V.K. Gupta
From India, Panipat
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Dear Sir, This is a typical case where, before the period of six weeks before delivery, the child died. So, her maternity leave had not even started. For how many days of leave is she eligible? According to her brother, her physical condition is also not well.
Regards, Anshu
From India, Gurgaon
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Regards, Anshu
From India, Gurgaon
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As it appears from the additional facts, this is not a case of miscarriage; probably, this is a case of premature delivery of a stillborn child, most likely by cesarean operation. Please ascertain the above position. If so, the claim of a 12-week leave is valid.
Regards,
KK
From India, Bhopal
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Regards,
KK
From India, Bhopal
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In some State Maternity Leave Rules, there is a provision for the grant of leave period from the commencement of maternity leave or the date of confinement, whichever is earlier. Thus, you may apply this analogy to your present case. In support of the claim by the employee, you may ask for a medical certificate from the CMO of your area and decide/recommend this particular case on its merits to the best of your ability and logic.
I wish for the early recovery of the concerned employee.
Thanks,
V K Gupta
From India, Panipat
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I wish for the early recovery of the concerned employee.
Thanks,
V K Gupta
From India, Panipat
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Dear Sir,
12 weeks of maternity leave are given in the form of 6 weeks before delivery and six weeks after delivery. As per your statement, she is eligible for 12 weeks of maternity leave, which will be after the delivery, including the date of delivery as she went on leave on 28th Nov only, i.e., the date of delivery. Is it valid to avail the entire maternity leave after delivery?
Anshu
From India, Gurgaon
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12 weeks of maternity leave are given in the form of 6 weeks before delivery and six weeks after delivery. As per your statement, she is eligible for 12 weeks of maternity leave, which will be after the delivery, including the date of delivery as she went on leave on 28th Nov only, i.e., the date of delivery. Is it valid to avail the entire maternity leave after delivery?
Anshu
From India, Gurgaon
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Eligibility for Maternity Benefits in Case of Twin Pregnancy Complications
I have come across a rare case. Suppose a woman is conceiving twins, and due to some problems, one baby gets aborted. In this case, will she be eligible for the benefits under Sec. 10 of the MB Act for miscarriage/illness for her first baby and later 12 weeks of maternity leave for the second baby she is conceiving?
Thank you.
Regards
From India, New+Delhi
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I have come across a rare case. Suppose a woman is conceiving twins, and due to some problems, one baby gets aborted. In this case, will she be eligible for the benefits under Sec. 10 of the MB Act for miscarriage/illness for her first baby and later 12 weeks of maternity leave for the second baby she is conceiving?
Thank you.
Regards
From India, New+Delhi
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Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc