An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy. If the woman dies before receiving the maternity benefit or amount, the employer shall pay the amount to the person nominated by the woman in the notice given by her. 1 The amount payable depends on the following:
|Situation||Duty of Employer|
|If a woman dies during the period of her maternity leave. 2
||The employer needs to pay the maternity benefit only for the days up to and including the day of her death.|
|If a woman dies during or following her delivery but has given birth to her child.||The employer shall be liable to pay the maternity benefit for that entire period.|
|If the child also dies during the said period. 3
||The employer is liable to pay the maternity benefit until the date the child passes away, including the date of the death of the child.|
- Section 7, The Maternity Benefit Act, 1961.
- Proviso (2), Section 5(3), The Maternity Benefit Act, 1961.
- Proviso (3), Section 5(3), The Maternity Benefit Act, 1961.