Maternity Benefits

If an employee is giving birth to twins during 1st time and the 2nd delivery time employee give birth to single baby then for this employee can avail maternity benefit for 2nd Delivery ?

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Hi Sagar,

As per the Maternity Benefit (Amendment) Act, 2017, the proviso included under section 5 (3), the employee is entitled to the benefits for second delivery and eligible for 12 weeks leave.

Extract of the proviso:

‘’ Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery’’

Regards,
Bhuvana Anand

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Hi Bhuwan,

With respect to Maternity Benefits, i am having below doubt.
When Employee went on Maternity Leave, the salary we process to Employee during that time, will the Employer claim that amount from Govt or the Employer need to pay.

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Hi Ramesh,

In India, as per the maternity benefit laws, the employer have to bear the cost of maternity benefits provided to the employee.

Regards,
Bhuvana Anand

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Thank you Bhuvana.
Is there any document for this so that we can provide to our management.

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Hi Ramesh,

You can download the Maternity Benefit Act, 1961 and the Maternity Benefit (Amendment) Act, 2017 (bare acts), from the links shared herebelow, respectively, and share it with your management. Every state has its respective Rules as well. You can refer that too for the compliance related provisions. These are the laws that govern the Maternity Benefits in India.

The Maternity Benefit Act 1961 (greythr.com)
Maternity Benefit (Amendment) Act, 2017 (greythr.com)

Note: The claimants covered under the provisions of ESI Act for maternity benefits cannot claim again under the MB Act.

Regards,
Bhuvana Anand

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