I am expecting my second child by birth but do have an elder stepdaughter through my second marriage. Will I be able to avail of 26 weeks maternity leave as per law, or will it fall under 3rd child and only 12 weeks leave as my stepdaughter is registered as my dependent daughter in insurance? Please advise.
From India, Mumbai
From India, Mumbai
It is a question of law. The Maternity Benefits Act only says that 26 weeks' leave is available only to those who do not have more than two surviving children. Whether it shall include biological and step children is not mentioned in the Act. In the absence of it, it should be construed that child means biological child only. Moreover, the Act is social security legislation. The requirement of 26 weeks' leave is to ensure health of the woman employee. At the same time, it should not be against our goal of reducing the population also.
From India, Kannur
4293From India, Kannur
You are eligible for 26 weeks maternity benefits. Definition of child includes still born one. Even the 2017 amendment didn't change it by including adopted child. Hence we can naturally conclude that child means biological child.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
Varghese Mathew
9961266966
From India, Thiruvananthapuram
In continuation to what Mr Varghese Mathew has stated, I would say that the marital status or relationship with in the form of a wife- husband is not a matter under the Maternity Benefits Act for extending maternity benefits. The only reference is woman employee, her pregnancy and having two surviving children of her own. If you are denied the benefits quoting that you have a step daughter, then the biological mother of that child would get the benefit of 26 weeks leave if she had another delivery as if she has no surviving child, right?
From India, Kannur
From India, Kannur
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Maternity Leave Policy - posting.doc
Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf