Leave And Pay Benefits In Case Of Miscarriage - Pls Suggest - CiteHR
Sumitk.saxena
Service/manager-hr
Neha22111986@yahoo.co.in
Employee Engagement And Retention, Day To
Smbhappy
Finance, Hr, Sectarial Practices, Law And
Anurag Jain
Hr Manager
Sravani
Training & Development, Recruitment,
Kshiteej
Performance Management System
+2 Others

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Dear seniors,
My friend had a miscarriage after the completion of 8 weeks of her pregnancy. So, after the operation (i.e. Suction Evacuation was done on Tuesday and her husband informed the same to her boss) she took rest from Wednesday to Saturday and resumed the duties from Monday.
Hence please let me know whether she is eligible for Maternity Act? If yes kindly answer the below queries?
1. What is the leave applicability?
2. The mode of payment of wages she is eligible for?
3. Can she claim for the wages on Tuesday i.e. the day of operation and Sunday?
Please advise.
Thanking You,

Hi,
Whether it is normar pregnancy or like care which happens to your friend, she is eligible for the benifites stated in Maternity Act. Maternity Leave is appicable, wages as per act is also eligible.
And there is a provision for miscarriage also in the act which stated that in that case she can get addition leaves also.
Regards,
Mrugesh

Hi,
Mrugesh is correct, the benefits are there even a miscarriege/termination of pregnancy. She is eligible for the benefits as per the Maternity Benefit Act.
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If any miscarriage happens before 26th week of pregnancy then the female employee is eligible for 6 weeks of leave with pay- in ur friend's case she has taken only 5 days .... she stands eligible for pay in all respects..
the clause of 6 weeks is mentioned in maternity benefit act...
Regards
Neha

Dear Mr. Mrugesh / Mr. Anurag / Ms. Neha,
Thank you for the response. Regarding the leaves part now i got the clarity. Since she joined the workplace, can she approach the manager again and ask for that 6 weeks leave as the law mentioned?
How about the pay structure? Is she eligible for Basic or Gross salary?
Ms. Neha mentioned 5 days, which means that the employee is paid from Tuesday to Saturday and does not include Sunday. Am i right?
Please clarify.
Thanks & Regards,

No Sravi, u got my point wrong. i said employees can even get 6 weeks of paid leave so her leave of Tuesday to sat (5 days) is obviously paid +week end of sunday i.e. total 6 days is also paid becoz....
when we count the maternity leave of 12 weeks/ leave due to abortion- 6 weeks we do include weekends or festive holidays in the stated period of leave.
Pay will be on her gross..
If the employee is not feeling well or can produce a medical certificate for the same then she can go n request the manager but practically if she feels that she is fine then she shud continue working becoz normally corporates perceive that once u have joined back ur fit for work...

Dear Sravini,
please find info as per MATERNITY BENEFIT ACT, 1961.
1]Leave for Miscarriage & Tubectomy Operation
•Leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or her medical termination of pregnancy.
•Entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation
2]Leave for illness arising out of pregnancy etc. etc.
A woman suffering from illness arising our of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one month.Sec. 10
3]Conditions for eligibility of benefits
•Ten weeks before the date of her expected delivery, she may ask the employer to give her light work for a month. At that time she should produce a certificate that she is pregnant.
•She should give written notice to the employer about seven weeks before the date of her delivery that she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she can not take it herself.
•She should take the payment for the first six weeks before she goes on leave.
•She will get payment for the six weeks after child-birth within 48 hours of giving proof that she has had a child.
•She will be entitled to two nursing breaks of fifteen minutes each in the course of her daily work till her child is fifteen months old.
•Her employer cannot discharge her or change her conditions of service while she is on maternity leave.Sec. 5.
Regards
Kshiteej k

As per Maternity Benefit Act, she is eligible for 42 days on account of miscarriage starting from the date of miscarriage took place.
The advise of Kshiteej is worth and the maternity benefit are allowable in case of miscarriage too.
Dear all,
Thank you for the information. My friend has discussed the same with her boss and the same has been accepted. But now the point is bit different, prior to miscarriage she also took leave for a week on the advise of her doctor for bed rest. how to cover that one week in to Materinary Benefit Act is a question to be clarified...
She do not want to use her ELs for that one week and requested her boss to cover that one week (i.e. prior to miscarriage) in to the Act. Presently she resumed the duties. Her boss accepted that she is eligible for the leave without pay for those leaves and need time to make the same final after seeing the reports.
Is there any possibility for her to claim the payment for that one week (prior to her miscariage)? Please clarify?


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