Dear All,
Thanks a lot for the replies. My one query is still unresolved . 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
4Thanks a lot for the replies. My one query is still unresolved . 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
The expression 'as may be prescribed ' relates to proof and 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 production of proof in the form of a certificate either in Form 2 or 3 or 4 signed by a medical practitioner or midwife. You need to refer to the rules of your State for this purpose.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
Hello Anshu,
Many learned followers have given their views. I too have been benefited from these. My sincere thanks to all.
To sum up, what I understood is :-
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 such case where the provisions do not allow any payment, the decision is to be taken on self decision making ability and at the best possibility in the interest of employee. Acts provide for bare minimum provisions, which have to be followed. If any employer is extending the benefits which are more beneficial than provided in the relevant Act, nobody stops you, provided you have the authority to do so, or you have obtained competent approval stating the facts.
4. It seems to be correct that in the instant case, the female employee was unfortunate who had to terminate pregnancy due to some medical problems either to the unborn child, or to herself or to both. So it is advised that she should be advised to submit the Doctor's advise note prior to MTP or miscarriage. If this was miscarriage, that might be due to some accident also.
Pl take sympathetic view in such cases because the female employee who has lost her pregnancy is going through turmoil. Apathy on part of management will add to her agony. If you deal this case sympathetically, she will always remember the same and shall prove to be one of the most faithful employees of the Organization.
If some of the learned followers have some different views, pl share.
AK Jain
From India, Jabalpur
Many learned followers have given their views. I too have been benefited from these. My sincere thanks to all.
To sum up, what I understood is :-
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 such case where the provisions do not allow any payment, the decision is to be taken on self decision making ability and at the best possibility in the interest of employee. Acts provide for bare minimum provisions, which have to be followed. If any employer is extending the benefits which are more beneficial than provided in the relevant Act, nobody stops you, provided you have the authority to do so, or you have obtained competent approval stating the facts.
4. It seems to be correct that in the instant case, the female employee was unfortunate who had to terminate pregnancy due to some medical problems either to the unborn child, or to herself or to both. So it is advised that she should be advised to submit the Doctor's advise note prior to MTP or miscarriage. If this was miscarriage, that might be due to some accident also.
Pl take sympathetic view in such cases because the female employee who has lost her pregnancy is going through turmoil. Apathy on part of management will add to her agony. If you deal this case sympathetically, she will always remember the same and shall prove to be one of the most faithful employees of the Organization.
If some of the learned followers have some different views, pl share.
AK Jain
From India, Jabalpur
Dear All,
As per the act we told to the employee that she will be eligible for six weeks leave. Now her brother came today and was saying that her child died and it should not be treated as a case of miscarraige and she should get leave of 84 days as per the act. Please let me know is it possible.
Anshu
From India, Gurgaon
As per the act we told to the employee that she will be eligible for six weeks leave. Now her brother came today and was saying that her child died and it should not be treated as a case of miscarraige and she should get leave of 84 days as per the act. Please let me know is it possible.
Anshu
From India, Gurgaon
Hi,
Relevant section(5(3)) for maternity benefits of MB Act reads as under 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 upto 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 but 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.
V K Gupta
From India, Panipat
Relevant section(5(3)) for maternity benefits of MB Act reads as under 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 upto 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 but 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.
V K Gupta
From India, Panipat
Dear Sir,
This is a typical case where before the period of six week before delivery the child died. so her maternity leave was not even started, so for how many days leave she is eligible for. As per her brother he physical conditions are also not well.
Anshu
From India, Gurgaon
This is a typical case where before the period of six week before delivery the child died. so her maternity leave was not even started, so for how many days leave she is eligible for. As per her brother he physical conditions are also not well.
Anshu
From India, Gurgaon
Dear Anshu, As it appears from the additional facts, this is not a case of miscarriage, probably this is a case of premature delivery of a still born child, most likely by ceasearian operation. Pl ascertain the above position. If so, the claim of 12 week leave is valid. KK
From India, Bhopal
From India, Bhopal
Dear Anshu,
In some State Maternity Leave Rules, there is provision for grant of leave period as from commencement of maternity leave or date of confinement, whichever is earlier. Thus you may apply this analogy to your present case. In support of claim by the employee, you may ask medical certificate from the CMO of your area and decide/recommend this particular case on merits to the best of your ability and logic.
I wish early recovery of the concerned employee.
Thanks
V K Gupta
From India, Panipat
In some State Maternity Leave Rules, there is provision for grant of leave period as from commencement of maternity leave or date of confinement, whichever is earlier. Thus you may apply this analogy to your present case. In support of claim by the employee, you may ask medical certificate from the CMO of your area and decide/recommend this particular case on merits to the best of your ability and logic.
I wish early recovery of the concerned employee.
Thanks
V K Gupta
From India, Panipat
Dear Sir,
12 weeks of maternity leave is 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 entire maternity leave after delivery?
Anshu
From India, Gurgaon
12 weeks of maternity leave is 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 entire maternity leave after delivery?
Anshu
From India, Gurgaon
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc