Does Maternity Benefit Apply To The Third Child From Second Pregnancy
Created by Narayan Updated on Mar 03, 2020
The Maternity Benefit rules under the Maternity Benefit Act, 1961, allow working women a leave of 26 weeks for up to two children and 12 weeks for the third child. While the Act has been clear about the benefits being passed based on the number of children, Tamil Nadu Govt. in 2018 clarified that the benefit can be claimed for a third child (from a second delivery after twins from the first).
Tamil Nadu Govt. provides 270 days (approx. 9 months) of maternity benefit (leave without deducting earned leaves) to their employees. A recent judgement from a bench of two at Madras High Court has brought the focus back on the disparity in the benefits.
Maternity Benefit in The Rulebooks
The central act serving as the guideline for the states and other institutions in the country defines the basic tenets of the benefit. Here’s what different legislations across the country offer as maternity benefit:
Maternity Benefit Act 1961, provides for 26 weeks (182 days) leave for up to two children after amendment in 2016. The maternity benefit for the third child will be limited to 12 weeks.
Maternity Benefit by Tamil Nadu Govt. (as clarified by the govt. In 2018) offers 270 days of maternity benefit. Which is applicable to the second delivery, even if the mother had twins from the first delivery.
Central Civil Services (CCS) Leave Rules allow 180 days (since 2008 amendment) leave to women who do not have more than two children; i.e. they can claim the benefit for up to two children. There is no benefit extension for a third child.
Read when you should apply for maternity leaves here: Maternity Leave - When Is The Right Time To Take It?
What do you think should be ideal? Do you think 180 days are enough? Post your views in the comments below
1. Maternity Leave in India – Law, Leave & Benefits | Taxmann
2. Maternity leave norms relaxed for T.N. govt. Staff | The Hindu New Update Nov, 2019
3. FR & SR – PART III CENTRAL CIVIL SERVICES LEAVE RULES | DOPT.GOV.IN
4. After twin birth, no maternity benefits for 2nd pregnancy: Madras high court | Chennai News, TOI, March 2020
8. MATERNITY BENEFIT ACT, 1961 (No. 53 of 1961)1 [12th. December, 1961] An Act to regulate the employment of women in certain establishments | Labour.gov.in