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[Cites 0, Cited by 35] [Section 5] [Entire Act]

Union of India - Subsection

Section 5(3) in The Maternity Benefit Act, 1961

(3)The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery:Provided further 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;Provided further that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:Provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.