Dear All, I need clarification in Maternity Act,
1) If a woman delivers twins in the first delivery will she be eligible for maternity benefit for her second delivery?
2 )If a woman delivers twins in the second delivery will she be eligible for a maternity benefit? if yes what will be her leave duration up to 26 weeks or will there be any changes in the duration in the case of twins?
Any help in this regard is highly appreciated.
From India, Bengaluru
1) If a woman delivers twins in the first delivery will she be eligible for maternity benefit for her second delivery?
2 )If a woman delivers twins in the second delivery will she be eligible for a maternity benefit? if yes what will be her leave duration up to 26 weeks or will there be any changes in the duration in the case of twins?
Any help in this regard is highly appreciated.
From India, Bengaluru
Hello Shruti,
The Madras High Court has ruled that if a working woman gives birth to a child in the second delivery after twins in the first, she is not entitled to maternity benefits as it should be treated as third child. "As per existing rules, a woman can avail such benefits only for her first two deliveries.
This case law is reg.---
Following an appeal filed by the Union Ministry against leave granted to a woman employee of the CISF, the Madras High Court recently ruled that if a working woman gives birth to twins during the first delivery, she will not be entitled to maternity benefits for the next child, as that child will be treated as her third. Benefits will be offered to the first two children only.
As per the court, since even during the delivery of twins, the babies are delivered one at a time, and one after the other —according to which the senior or junior of the two is determined— the whole exercise has to be counted as two deliveries and not one. This was stated by the first bench, comprising Chief Justice A.P Sahi and Justice Subramonium, while hearing an appeal by the Ministry of Home Affairs.
The decision came after an appeal by the Union Ministry against the ruling of a single judge on 18 June 2019, which had granted 180 days of leave and other benefits to a woman employee of the Central Industrial Security Force (CISF). The Judge had granted her the benefits available for the Tamil Nadu government employees.
In its appeal, the Union Ministry contended that being an employee of CISF, the woman in question should be governed by the Central Civil Services (Leave) Rules, and not by those governing the employees of the Tamil Nadu government.
As such I'm not sure whether in respect of non-govt.employees the rules are different where Maternity Benefit Act is applicable. Let me check on that and revert.
From India, Bangalore
1077The Madras High Court has ruled that if a working woman gives birth to a child in the second delivery after twins in the first, she is not entitled to maternity benefits as it should be treated as third child. "As per existing rules, a woman can avail such benefits only for her first two deliveries.
This case law is reg.---
Following an appeal filed by the Union Ministry against leave granted to a woman employee of the CISF, the Madras High Court recently ruled that if a working woman gives birth to twins during the first delivery, she will not be entitled to maternity benefits for the next child, as that child will be treated as her third. Benefits will be offered to the first two children only.
As per the court, since even during the delivery of twins, the babies are delivered one at a time, and one after the other —according to which the senior or junior of the two is determined— the whole exercise has to be counted as two deliveries and not one. This was stated by the first bench, comprising Chief Justice A.P Sahi and Justice Subramonium, while hearing an appeal by the Ministry of Home Affairs.
The decision came after an appeal by the Union Ministry against the ruling of a single judge on 18 June 2019, which had granted 180 days of leave and other benefits to a woman employee of the Central Industrial Security Force (CISF). The Judge had granted her the benefits available for the Tamil Nadu government employees.
In its appeal, the Union Ministry contended that being an employee of CISF, the woman in question should be governed by the Central Civil Services (Leave) Rules, and not by those governing the employees of the Tamil Nadu government.
As such I'm not sure whether in respect of non-govt.employees the rules are different where Maternity Benefit Act is applicable. Let me check on that and revert.
From India, Bangalore
Thanks for this, however if a women has a twins in tje second delivery .. how does she will be eligible for this. Kindly advise.
From India, Bengaluru
From India, Bengaluru
I don think that the Madras HC decision is on Maternity benefits Act 1961.As per the Act after two living children,irrespective of number of deliveries, a women is entitled for maternity benefits for 12 weeks.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear Shruti,
Under the new Law2017, maternity leave is raised from current 12 weeks to 26 weeks. The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.
The Act also provides for adoption leave of 12 weeks for a woman who adopts a child under the age of three months. A commissioning mother is also entitled to a 12-week leave from the date the child is handed over to her. A commissioning mother is defined as “biological mother who uses her egg to create an embryo implanted in any other woman” (the woman who gives birth to the child is called host or surrogate mother).
From India, Mumbai
Under the new Law2017, maternity leave is raised from current 12 weeks to 26 weeks. The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.
The Act also provides for adoption leave of 12 weeks for a woman who adopts a child under the age of three months. A commissioning mother is also entitled to a 12-week leave from the date the child is handed over to her. A commissioning mother is defined as “biological mother who uses her egg to create an embryo implanted in any other woman” (the woman who gives birth to the child is called host or surrogate mother).
From India, Mumbai
Out of two queries -
1) If a woman delivers twins in the first delivery will she be eligible for maternity benefit for her second delivery?
= The Madras HC's judgment can be taken as a guideline for the present till such time we could gather SC judgment or clarification from the Union Ministry.
And for the 2 query i.e. -
2 )If a woman delivers twins in the second delivery will she be eligible for a maternity benefit? if yes what will be her leave duration up to 26 weeks or will there be any changes in the duration in the case of twins?
Ans.= Supposing a woman delivers a single child in her first delivery, and on her next occasion she delivers a twin as your query goes, I'm of the opinion, having she availed maternity benefit (leave) for the first delivery in which she delivered only one child, she still will be eligible for availing the leave on the second occasion when she delivers a twin, though in her second delivery she delivers twins (despite the fact that the one of the twins becomes the 3rd surviving child for her as she delivers the 2nd child only in her second occasion.
I think I'm right. If anything contrary members may post rejoinders to clear the air
From India, Bangalore
1) If a woman delivers twins in the first delivery will she be eligible for maternity benefit for her second delivery?
= The Madras HC's judgment can be taken as a guideline for the present till such time we could gather SC judgment or clarification from the Union Ministry.
And for the 2 query i.e. -
2 )If a woman delivers twins in the second delivery will she be eligible for a maternity benefit? if yes what will be her leave duration up to 26 weeks or will there be any changes in the duration in the case of twins?
Ans.= Supposing a woman delivers a single child in her first delivery, and on her next occasion she delivers a twin as your query goes, I'm of the opinion, having she availed maternity benefit (leave) for the first delivery in which she delivered only one child, she still will be eligible for availing the leave on the second occasion when she delivers a twin, though in her second delivery she delivers twins (despite the fact that the one of the twins becomes the 3rd surviving child for her as she delivers the 2nd child only in her second occasion.
I think I'm right. If anything contrary members may post rejoinders to clear the air
From India, Bangalore
Further to add -
Maternity Leave -
The Maternity Benefit (Amendment) Act 2017, passed by the Rajya Sabha in August 2016, has also been passed by the Lok Sabha in March 2017.
Sec.3 "b) “child” includes a still born child;
(c) “delivery” means the birth of a child"
xxxxx
(h) “maternity benefit” means the payment refereed to in sub- section (1) of section 5;
Under the new Law, maternity leave is raised from current 12 weeks to 26 weeks. The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.
The Act also provides for adoption leave of 12 weeks for a woman who adopts a child under the age of three months. A commissioning mother is also entitled to a 12-week leave from the date the child is handed over to her. A commissioning mother is defined as “biological mother who uses her egg to create an embryo implanted in any other woman” (the woman who gives birth to the child is called host or surrogate mother).
The Act further requires an employer to inform a woman worker of her rights under the Act at the time of her appointment. The information must be given in writing and in electronic form (email).
Female civil servants are entitled to maternity leave for a period of 180 days for their first two live born children.
Before March 2017, the law provided following rights.
According to the Maternity Benefit Act female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks leave is post-natal leave. In case of miscarriage or medical termination of pregnancy, a worker is entitled to six weeks of paid maternity leave. Employees are also entitled to one additional month of paid leave in case of complications arising due to pregnancy, delivery, premature birth, miscarriage, medical termination or a tubectomy operation (two weeks in this case).
The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work. Apart from 12 weeks of salary, a female worker is entitled to a medical bonus of 3,500 Indian rupees.
Under the National Food Security Act 2013, pregnant women and lactating mothers are entitled to receive maternity benefit of at least Rs. 6,000. The Act further requires that subject to such schemes as may be framed by the Central Government, every pregnant woman and lactating mother will be entitled to free meals during pregnancy and six months after the child birth, through the local anganwadi, so as to meet their nutritional needs.
Pl.go thru' the attached bare act of the MB which should be read with the amendment brought out in 2017 (copies of both are attached)
----------------
Here's another interpretation of the 'twins' issue for Maternity Benefits-
Pl.read on the discussion on the similar issue here-
https://www.citehr.com/602526-matern...employees.html.
In this, readers can go thru' another Madras HC judgment (J.Sharmila vs The Secretary To Government on 19 October, 2010) passed by Mr.Justice K.Chandru (Oct.2020) which advocates leave on the 2nd time pregnancy irrespective of the no.of surviving children.
This may help to take up the issue in it's perspective.
From India, Bangalore
Maternity Leave -
The Maternity Benefit (Amendment) Act 2017, passed by the Rajya Sabha in August 2016, has also been passed by the Lok Sabha in March 2017.
Sec.3 "b) “child” includes a still born child;
(c) “delivery” means the birth of a child"
xxxxx
(h) “maternity benefit” means the payment refereed to in sub- section (1) of section 5;
Under the new Law, maternity leave is raised from current 12 weeks to 26 weeks. The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.
The Act also provides for adoption leave of 12 weeks for a woman who adopts a child under the age of three months. A commissioning mother is also entitled to a 12-week leave from the date the child is handed over to her. A commissioning mother is defined as “biological mother who uses her egg to create an embryo implanted in any other woman” (the woman who gives birth to the child is called host or surrogate mother).
The Act further requires an employer to inform a woman worker of her rights under the Act at the time of her appointment. The information must be given in writing and in electronic form (email).
Female civil servants are entitled to maternity leave for a period of 180 days for their first two live born children.
Before March 2017, the law provided following rights.
According to the Maternity Benefit Act female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks leave is post-natal leave. In case of miscarriage or medical termination of pregnancy, a worker is entitled to six weeks of paid maternity leave. Employees are also entitled to one additional month of paid leave in case of complications arising due to pregnancy, delivery, premature birth, miscarriage, medical termination or a tubectomy operation (two weeks in this case).
The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work. Apart from 12 weeks of salary, a female worker is entitled to a medical bonus of 3,500 Indian rupees.
Under the National Food Security Act 2013, pregnant women and lactating mothers are entitled to receive maternity benefit of at least Rs. 6,000. The Act further requires that subject to such schemes as may be framed by the Central Government, every pregnant woman and lactating mother will be entitled to free meals during pregnancy and six months after the child birth, through the local anganwadi, so as to meet their nutritional needs.
Pl.go thru' the attached bare act of the MB which should be read with the amendment brought out in 2017 (copies of both are attached)
----------------
Here's another interpretation of the 'twins' issue for Maternity Benefits-
Pl.read on the discussion on the similar issue here-
https://www.citehr.com/602526-matern...employees.html.
In this, readers can go thru' another Madras HC judgment (J.Sharmila vs The Secretary To Government on 19 October, 2010) passed by Mr.Justice K.Chandru (Oct.2020) which advocates leave on the 2nd time pregnancy irrespective of the no.of surviving children.
This may help to take up the issue in it's perspective.
From India, Bangalore
Dear friends,
Maternity Benefit Act, 1961 is a beneficial legislation to women employees. Here I am not concerned with the similar Rules applicable to Government employees nor I would prefer considering the ratio decidendi of the case laws in respect of Government employees as a guiding judicial precedent for a similar question under the MB Act,1961 for the MB(Amendment) Act,2017 clearly deals with the case of maternity benefit to women already having two or more surviving children.
As per the amended provision of the MB Act in 2017, a women having two or more surviving children is entitled to subsequent delivery at a reduced rate of maternity Benefit i.e., only a total of 12 weeks which can be split into 6 weeks each prior to and post delivery.
Regarding the second question, if a woman having one surviving child becomes pregnant again and delivers twins or more in that delivery, she would be entitled to the whole maternity benefit of 26 weeks as the first of the twins is only the second child.
Therefore, it is the number of surviving children which decides the scale of maternity benefit and not the no of deliveries.
From India, Salem
Maternity Benefit Act, 1961 is a beneficial legislation to women employees. Here I am not concerned with the similar Rules applicable to Government employees nor I would prefer considering the ratio decidendi of the case laws in respect of Government employees as a guiding judicial precedent for a similar question under the MB Act,1961 for the MB(Amendment) Act,2017 clearly deals with the case of maternity benefit to women already having two or more surviving children.
As per the amended provision of the MB Act in 2017, a women having two or more surviving children is entitled to subsequent delivery at a reduced rate of maternity Benefit i.e., only a total of 12 weeks which can be split into 6 weeks each prior to and post delivery.
Regarding the second question, if a woman having one surviving child becomes pregnant again and delivers twins or more in that delivery, she would be entitled to the whole maternity benefit of 26 weeks as the first of the twins is only the second child.
Therefore, it is the number of surviving children which decides the scale of maternity benefit and not the no of deliveries.
From India, Salem
Ya
Mternity benefits like leaves and monetory benefits are also eligible to woman who has twins in first delivery and she is eligible for same in second delivery irrespective of Govt. Procedngs. And court judgements in this regard.
Likeway second instance also eligible. No. Of children is not criteria. A woman employee is allowed for two happy safety healthy deliveries only... That's All.
The natural justice of law is mb is eligible for a woman employee for two deliveries. Who knows wht will happen in first and second deliveries.
The Act fecilitated women carrying pregnancy and bears labour pains upto delivery. Who knows what will happen. Leaves are meant for sufferings she bears upto and after delivery.
So law does not haunts you the sanctioning authority as mistake if allows any woman employee for second delivery even she already given births to twins in the first delivery. In the same way second question also.
Go ahead. No issue... Any labour laws are basically welfare laws. They don't have limitations and statutory restrictions for liberal payments. Only Humanitarian aspect rules the Situations in each and every case..
So there is no wrong in payment and sanction of maternity leaves and benefits in the above two cases.. Law of the land never go against you if you allow her..
From India, Nellore
Mternity benefits like leaves and monetory benefits are also eligible to woman who has twins in first delivery and she is eligible for same in second delivery irrespective of Govt. Procedngs. And court judgements in this regard.
Likeway second instance also eligible. No. Of children is not criteria. A woman employee is allowed for two happy safety healthy deliveries only... That's All.
The natural justice of law is mb is eligible for a woman employee for two deliveries. Who knows wht will happen in first and second deliveries.
The Act fecilitated women carrying pregnancy and bears labour pains upto delivery. Who knows what will happen. Leaves are meant for sufferings she bears upto and after delivery.
So law does not haunts you the sanctioning authority as mistake if allows any woman employee for second delivery even she already given births to twins in the first delivery. In the same way second question also.
Go ahead. No issue... Any labour laws are basically welfare laws. They don't have limitations and statutory restrictions for liberal payments. Only Humanitarian aspect rules the Situations in each and every case..
So there is no wrong in payment and sanction of maternity leaves and benefits in the above two cases.. Law of the land never go against you if you allow her..
From India, Nellore
Dear friends,
Here we are expected to share the provisions of the statute in verbatim so that the queries are clarified w.r.t. rule positions. While saying so we sympathize with the concerned and empathetic views can be expressed sharing sentiments. But the fact remains these opinions are not going to solve the real issue haunting the seekers. Though we wish that better benefits shall be extended to the needy but no one can rule out the application of 'rule of law' within the frame work of applicable provisions of the relevant Acts & Rules. Members are requested to exercise caution in understanding the legal provisions ifso facto and applying them for proper appraisal of issues on hand.
From India, Bangalore
Here we are expected to share the provisions of the statute in verbatim so that the queries are clarified w.r.t. rule positions. While saying so we sympathize with the concerned and empathetic views can be expressed sharing sentiments. But the fact remains these opinions are not going to solve the real issue haunting the seekers. Though we wish that better benefits shall be extended to the needy but no one can rule out the application of 'rule of law' within the frame work of applicable provisions of the relevant Acts & Rules. Members are requested to exercise caution in understanding the legal provisions ifso facto and applying them for proper appraisal of issues on hand.
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc