Dear Aniket,
I did notice the use of the word "Still Born Baby" and because of the space between "Still" and "born", I presumed you meant "yet to be born" and not "stillborn" (god forbid). There is a whole world of difference.
In case of a "yet to be born baby", she is entitled to 26 weeks Leave of Absence with Maternity Benefit from 08 weeks before the date of delivery. There is no argument on that.
In case of a "Miscarriage" (by definition in the Act, only upto & including 26th week of pregnancy) or "Medical Termination of Pregnancy" (by definition in the Act, only those terminations that are permissible under the MEDICAL TERMINATION OF PREGNANCY ACT) or "stillbirth" (though not defined in the act, but generally considered after 26th week of pregnancy and when the baby is born without signs of life)
FOR Miscarriage & MTP SEC 9 of the Act states: 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.
FOR STILLBIRTH: Though nothing is specified in the Act about STILLBIRTH, but keeping in mind the "spirit of the law", I feel such cases will fall under the category of "Miscarriage" or "MTP" and accorded leave as per sec 9.
In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.
Regards,
From India, Kochi
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56I did notice the use of the word "Still Born Baby" and because of the space between "Still" and "born", I presumed you meant "yet to be born" and not "stillborn" (god forbid). There is a whole world of difference.
In case of a "yet to be born baby", she is entitled to 26 weeks Leave of Absence with Maternity Benefit from 08 weeks before the date of delivery. There is no argument on that.
In case of a "Miscarriage" (by definition in the Act, only upto & including 26th week of pregnancy) or "Medical Termination of Pregnancy" (by definition in the Act, only those terminations that are permissible under the MEDICAL TERMINATION OF PREGNANCY ACT) or "stillbirth" (though not defined in the act, but generally considered after 26th week of pregnancy and when the baby is born without signs of life)
FOR Miscarriage & MTP SEC 9 of the Act states: 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.
FOR STILLBIRTH: Though nothing is specified in the Act about STILLBIRTH, but keeping in mind the "spirit of the law", I feel such cases will fall under the category of "Miscarriage" or "MTP" and accorded leave as per sec 9.
In either case, i think there is NO case for asking the employee to take PL first and then adjust the remaining period as "leave of absence with Maternity Benefit".
Senior members may please comment on my interpretation.
Regards,
From India, Kochi
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I have reviewed your input and made the necessary corrections:
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"In either case, I think there is no case for asking the employee to take PL first and then adjust the remaining period as 'leave of absence with Maternity Benefit'.
Senior members may please comment on my interpretation."
I agree. Stillborn child and Maternity benefits. Child includes stillborn child as well. Maternity leave will not be impacted. Read the definition of Child in the Act (Sec 3).
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I have corrected the spelling and grammar errors, ensured proper paragraph formatting, and preserved the original meaning of your message.
From India, Pune
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"In either case, I think there is no case for asking the employee to take PL first and then adjust the remaining period as 'leave of absence with Maternity Benefit'.
Senior members may please comment on my interpretation."
I agree. Stillborn child and Maternity benefits. Child includes stillborn child as well. Maternity leave will not be impacted. Read the definition of Child in the Act (Sec 3).
---
I have corrected the spelling and grammar errors, ensured proper paragraph formatting, and preserved the original meaning of your message.
From India, Pune
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Dear Mr. Nathrao, Thank you for bringing the definition of "Child"... I some how missed it...
From India, Kochi
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From India, Kochi
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Totally agreed with both the seniors, Nathrao Sir and Arun Sir. But it seems like MTP; therefore, benefits should be as per section 9.
Also, there is no question of applying for PL. Only the querist can specify what exactly the case is.
From India, Pune
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Also, there is no question of applying for PL. Only the querist can specify what exactly the case is.
From India, Pune
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Dear Members,
While we are on the subject of Maternity Benefit, please see these articles on recent judgments on this matter:
- Contract Employees In Govt Establishments Entitled To Maternity Leave At Par With Govt Servants: Kerala HC | Live Law
- Maternity Leave Is Part Of Service Period, Must For A Woman To Be Real Mother: Madras HC [Read Order] | Live Law
Thank you.
From India, Kochi
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While we are on the subject of Maternity Benefit, please see these articles on recent judgments on this matter:
- Contract Employees In Govt Establishments Entitled To Maternity Leave At Par With Govt Servants: Kerala HC | Live Law
- Maternity Leave Is Part Of Service Period, Must For A Woman To Be Real Mother: Madras HC [Read Order] | Live Law
Thank you.
From India, Kochi
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Dear colleagues,
While all the views and court judgments are abundantly in favor of MB to a pregnant employee, on reading the post once again, it states that the concerned lady is expecting a stillborn baby. How this is known before delivery is not known. Did sonography or such other investigation reveal this? Need clarification to decide full MB or MB for miscarriage/MTP.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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While all the views and court judgments are abundantly in favor of MB to a pregnant employee, on reading the post once again, it states that the concerned lady is expecting a stillborn baby. How this is known before delivery is not known. Did sonography or such other investigation reveal this? Need clarification to decide full MB or MB for miscarriage/MTP.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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The regulation says that it is pregnancy discrimination to treat a woman unfavorably on the grounds of her pregnancy or because she desires to take or has taken maternity leave (Equality Act 2010 s.18). To show discrimination, a woman does not need to compare herself to how a man would have been treated, but she needs to demonstrate that the treatment was due to her pregnancy.
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