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pulkit shinde
Dear friends how r u,
If Female Employee is pregnant but her abortion is done as per doctor's advice (due to heart problem of baby), in this case she is eligible for Maternity Leave( benefit) ?, also tell me in which section of maternity act mention about benefit

From India, Ahmadabad
R.N.Khola
363

Dear
According section 9 of the M B Act,1961, she is entitled to have leave with wages at the rate of Maternity benefit for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy.
Opinion submitted as requested.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361

From India, Delhi
wadekarhemant@ymail.com
2

whatever the mentioned by khola that is right even that case she can demand for 1 month extend holiday
From India, Pune
S D Patil
30

Dear shinde
There are two benefits specified in Maternity Benefit Act 1961
a) Maternity Benefit=12 weeks or 84 days for the eligible female employee
b) Abortion Benefit=6 weeks or 42 days
one month extended benefit can be granted for weekness or sickness arising due to maternity. This is not available in case of Abortion
In your case Abortion benefit can be considered for 42 days. (Since Abortion is pre-mature medical termination of pregancy)
Regards
SDP

From India, Kolhapur
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