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.
From India, Bhubaneswar
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From India, Bhubaneswar
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Yes, because there could be post delivery complications though the child died.
From India, Salem
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6108From India, Salem
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Relevant extract of Maternity Benefits Act 1961 placed below for reference:
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. 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.
From India, Pune
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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. 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.
From India, Pune
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Maternity Leave Policy - posting.doc