Central

Section 10 of THE MATERNITY BENEFIT ACT, 1961

1[, miscarriage, medical termination of pregnancy or tubectomy operation].—A woman suffering from illness arising out of pregnancy, delivery, premature birth of child

1[, miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Summary

This section provides extra paid leave if a woman falls ill due to pregnancy, delivery, premature birth, or a miscarriage.
It grants a maximum of one month of additional leave on top of the standard periods allowed for maternity or miscarriage.
The woman receives her wages at the standard maternity benefit rate during this extra month.
To claim this benefit, the woman must provide the prescribed medical proof of her illness.

Practical examples

1Anjali gives birth and takes her standard leave, but she develops a severe infection related to the delivery. She provides a doctor's note and gets an extra three weeks of paid leave at her maternity benefit rate to recover.

2Priya returns to work after a miscarriage but starts suffering from related complications two weeks later. She submits the required proof and is granted an additional month of paid leave under this rule.

FAQ

1. Can I get extra time off under Section 10 of the Maternity Benefit Act if my pregnancy makes me sick?

Yes, Section 10 of the Maternity Benefit Act allows you to take a maximum of one extra month of paid leave for an illness arising out of pregnancy, provided you show the necessary proof.

2. Does Section 10 of the maternity law replace the regular maternity leave?

No, the leave under Section 10 of the maternity law is given in addition to the regular absence allowed under the Act.

3. How much do I get paid during the extra sick leave under Section 10 of the Act?

Under Section 10 of the Act, you are entitled to leave with wages at the same rate as the regular maternity benefit.

Test yourself

Q1.Under Section 10 of the Maternity Benefit Act, 1961, what is the maximum period of leave allowed for an illness arising from delivery?

Q2.Which of the following conditions is NOT explicitly listed in Section 10 of the Maternity Benefit Act, 1961 as a valid cause of illness for claiming this specific leave?

Q3.How does the leave under Section 10 of the Maternity Benefit Act, 1961 interact with the miscarriage leave provided in Section 9?

Q4.What must a woman do to receive the leave under Section 10 of the Maternity Benefit Act, 1961?

9APreviousSection 9A Leave with wages for tubectomy operation.11NextSection 11 Nursing breaks.

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