Hi, My child was born with a congenital disease and died within a week of his birth. Please state what is the duration of leave I am entitled to? As per my sources I am entitled to complete 26 weeks of maternity.
From India, Noida
From India, Noida
Hi Partner,
I'm sorry to hear about the situation and hope that you are doing alright now. With regard to the maternity leave it is true that you are still eligible for the 26 weeks of maternity leave, as there has been no case of miscarriage.
Regards,
Nelson
From India, Bengaluru
62I'm sorry to hear about the situation and hope that you are doing alright now. With regard to the maternity leave it is true that you are still eligible for the 26 weeks of maternity leave, as there has been no case of miscarriage.
Regards,
Nelson
From India, Bengaluru
Thank you for your kind words and input on this query. Do we have any document which supports this scenario?
From India, Noida
From India, Noida
I need a document clarifying the same as my HR needs the same for me to continue my leaves. So as to be able to get over my mental trauma and for my body to recover.
From India, Noida
From India, Noida
The question to be asked and answered is, "Can there be a cut off date/day for a child (after its birth) to die so that maternity leave in full will be granted to the mother?" An element of humanity needs to be factored in by the authorities.
The HR should look at the matter with empathy and grant the leave in full whether a government order exists or not. Any other stand from the HR will not stand scrutiny in a court of law.
From India, Mumbai
The HR should look at the matter with empathy and grant the leave in full whether a government order exists or not. Any other stand from the HR will not stand scrutiny in a court of law.
From India, Mumbai
You are entitled for postnatal benefit for 18 weeks from delivery +one months benefit for sickness arising out of delivery if any.Maternity benefit is for women ,not for child whether alive or not.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
That's true, I would agree with Varghese that the maternity leave continues irrespective of the change of situation for the new born.
If the HR representative insists on a document supporting the 26 week maternity leave altogether under these circumstances, you can ask the HR member to drop an e-mail to you on the matter so that you can forward the details to the labour commissioner for clarity.
Under these circumstances, it is up to the HR representative to provide evidence of valid grounds for rejecting the maternity leave in line with the maternity benefits act. There would be no liability from your end to provide evidence on supporting your entitlement to the full maternity leave benefit.
From India, Bengaluru
If the HR representative insists on a document supporting the 26 week maternity leave altogether under these circumstances, you can ask the HR member to drop an e-mail to you on the matter so that you can forward the details to the labour commissioner for clarity.
Under these circumstances, it is up to the HR representative to provide evidence of valid grounds for rejecting the maternity leave in line with the maternity benefits act. There would be no liability from your end to provide evidence on supporting your entitlement to the full maternity leave benefit.
From India, Bengaluru
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Maternity Benefits- A study with case laws ref..docx
Creche under Maternity Benefit Act.pdf