Can An Employee Claim Maternity Leave In Consecutive Years

Hi,
an employee in our co. went on maternity leave in 2008 mid, but due to some mishap her new born baby expired, now she is again planning a family in 2009, are there any legal restrains that an employee cannot claim maternity in two consecutive years.. or any other mandate for the company to give to such an employee or will she be eligible for maternity like a normal case under the maternity benefits act. Please guide me..
Thanks
Nidhi

Hi,
no replies..... please revert if anyone is sure about the law regarding the same..
Nidhi

Dear Nidhi
Maternity benefit is a women's right. Its sad that her baby expired.
There is no such law she can avail maternity benefit for consecutive years.
Thanks & Regards
Sonali Wagle
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yes she can claim maternity leave as long as her husband and she plan to have a baby. To give or not, or for finding out she is eligible or not you need to read all the rules of maternity benefit laws,and if hers comes under special case then she might be eligible. Seems you dont want to spare with leave and your thinking is anti employee, bad bad bad ;-(

An employee can claim maternity benefit in consecutive years, there is no rule against this. Employee can claim the benefit upto a max of 2 living children.
Pls extend all facilities to your colleague.

Nidhi,
This depends on what the law states. In some countries, the law states you claim martenity allowance every two years while in others it states every other year i.e. if one went on leave in 2009, the next leave should be in 2011. So what does the law state in terms of maternity leave? It is better to understand the law to avoid litigations.
Chikotola

dear
we donot have the ideas of act and gives our legal expert opinion without knowledge .
it is the forum to know about the actual situation as per our act applicable in india .an employee can take every year maternity leave without any restriction.there is no limitation like two times as mentioned by friends.she can take maternity leave as and when reqd any number of times as per maternity benifit act 1961:icon10:
tks
js malik

Dear all,
Thank you for your response.. i read the maternity benefit act as well which had no specific clause about this.. but definitely took consideration that maternity benefit is a woman's right and no company can deny that.. let it be for consecutive years or anyhow..
this was put to get more opinions about the same and guidance if there were any other views / law about that.. .
This was not anti employee.. it was there to understand different perspectives and be sure about the worst case scenario as well..
Thank you.
Nidhi