Is a lady employee of a company entitled to claim leave for a mis-carriage that she has suffered ? If yes, under what circumstances ?
From India, Mumbai
prasenjit.mitra
172
Human Resource-Professional

Dear Pevekara,

If the employee is covered under ESI, then refer the guideline under ESI if not she will get benefit under Maternity Benefit Act:

AS PER MATERNITY BENEFIT ACT:

PROHIBITED PERIOD OF EMPLOYEMENT OR WORK: The employment of

women, or work by women in any establishment during the six weeks immediately

following the day of her delivery or her miscarriage (sectiion-4).

IV PAYMENT OF MATERNITY BENEFIT: Every women shall be entitled to, and her

employer shall be liable for, the payment of maternity benefit at the rate of average

daily wage for the period of her actual absence, and any period of her actual absence,

and any period immediately following the date of delivery and including the actual day

for her delivery (Section –5). In addition to the maternity benefit, every women shall

also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and

post natal care is provided free of charge (section-8)

V ELIGIBILITY FOR MATERNITY BENEFIT:

A women shall be entitled to maternity benefit only if she has actually worked in an

establishment of the employer for a period of not less then eighty days in the twelve

months immediately proceeding the date of her expected delivery (section-5[2])

176

VI MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks of

which not more then six weeks shall proceed the date of her expected delivery (section-

5[5])

VII OTHER BENEFITS: Act also provides provisions for leave for miscarriage, leave for

illness arising out of pregnancy or delivery, premature birth of child or miscarriage and

nursing breaks for nursing the child until the child attained the age of 15 month

AS PER ESI:

Maternity Benefit is payable to an Insured Woman in the following cases subject to contributory conditions:-

Confinement-payable for a period of 12 weeks (84 days) on production of Form 21 and 23.

Miscarriage or Medical Termination of Pregnancy (MTP)-payable for 6 weeks (42 days) from the date following miscarriage-on the basis of Form 20 and 23.

Sickness arising out of Pregnancy, Confinement, Premature birth-payable for a period not exceeding one month-on the basis of Forms 8, 10 and 9.

In the event of the death of the Insured Woman during confinement leaving behind a child, Maternity Benefit is payable to her nominee on production of Form 24 (B).

Maternity benefit rate is 100% of average daily wages.

From India, Mumbai
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