• Maternity leave

A lady employed in a private college in Mumbai has taken maternity leave. However, her child passed away two days after delivery. In this connection, I would like to know what amount of maternity leave she is eligible as she is suffering from post-pregnancy rehabilitation and mental shock.
Asked 4 years ago in Labour

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8 Answers

You are eligible to avail full quota of ML . I hope you are continued to be on ML and there is no necessity to cut short your ML and rejoin duty on the plea that the just born child has since expired. No worry. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

The extension of maternity leave depends on the circumstances that the mother or/and child may be facing. The period of 26 weeks, according to legislation is paid leave. Post the 26 weeks period, any leave (if granted by the employer) is usually considered as unpaid leave.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client,

  Women 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 miscarriage, medical termination etc.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

In case of miscarriage or medical termination of pregnancy, the law permits women six weeks’ leave after the procedure. In case of an illness after delivery, miscarriage, medical termination of pregnancy or tubectomy, a woman can claim a leave with wages for a further period of one month, over and above what is allowed.

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

She will have 6 weeks of paid maternity leave in case of miscarriage. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear

She is entitled to get complete maternity leave.

Let the lady recover the trauma she is facing due to demise of her child. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The Maternity Benefit Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks.

If she had applied for maternity leave for 26 weeks, she is entitled to it and she can very well avail it.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that she has taken the maternity leave, but unfortunately she has lost her baby.
  2. I would like to inform you that the law and period of maternity leave has extended by 6 months, making now it 12 months.
  3. And in this situation of her, she can even stretch the leave by some more days and I am sure that no employer would say no to it.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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