Suresh P
Hr Professional
Recruitment/talent Acquisition, Career Counselling
Talent Acquisition / Consultant - Catalis
+2 Others

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Dear All Concerned,
My wife is working in one pvt. ltd. company for last three years, but the case is that after three months pregnancy miscarriage happened with her now she applied for leave for six weeks as per maternity act in case of miscarriage but company's HR department first asked for proof so we have submitted doctor's certificate and all related medical documents/file etc. Now they are saying that you have to applied for CL, SL or PL, and saying that we can not give you six weeks leave as per law. They are not saying that why they deny for leave as per act. Only they are saying that we can not give you leave............
Please guide me that how can we proceed further in this case? Is there any clause for miscarriage? certain time period of pregnancy require to avail leave? is there any forms to claim leave in case of miscarriage? Please reply as early as possible.

From India, Pune
To answer your query I think citation from following post is helpful:


See the content below which i have included in my company HR Manual :


Eligible - Confirmed female employees of the company provided they have worked for at least 1 (one) year with the company.

Maternity Leave will be granted to a married woman on production of Doctor’s Certificate as proof of her pregnancy.

The female employees will be entitled to Maternity Leave for 12 weeks, out of which she can take 1 week (or as her health/doctor permits) before the expected date of delivery and the balance thereafter.

An employee who undergoes medical termination of pregnancy under medical advice shall be entitled to apply for maternity leave may be certified as necessary by the Medical Practitioner. This will, however, be permitted twice during the services with the company.

In case of miscarriage or medical termination of pregnancy, a woman shall on production of such proof as may be prescribed, be entitled to leave with salary for a period of 6 weeks immediately following the day of her miscarriage or as the case may be, her medical termination of pregnancy.

An employee suffering from illness arising out of pregnancy, delivery premature birth, still birth or miscarriage will be entitled for further leave, against her PL and Sick Leave entitlement, and depending on requirement for additional leave.

Maximum limit for extension of maternity leave will be allowed for one month’s time, which can be adjusted against either Privilege or Sick Leave but not exceeding one month. If the female employee does not have any leave balance, the same shall be considered without pay leave.



Hope this helps you a bit."


9. Leave for miscarriage.- In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks

immediately following the day of her miscarriage.


From India, Mumbai
Dear Ankita, Thanks a lot for immediate reply, But company HRs are saying that they will call us to company for medical check up and then they will decide whether to give leave or not?
From India, Pune
Hi Amar,
In order to claim maternity, a certification from doctor is required.
Ask gynact to issue your wife a certificate stating the period in which miscarriage happened. How long the rest is suggested and the reasons for miscarriage.
I think this should suffice to prove the genuineness of case.

From India, Mumbai
I don't understand the stand your company has taken.
1] Do they suspect the medical report you submitted? Why?
2] More importantly, how can they implement any medical checkup @ office for Gynae cases? This needs specialized equipment / instruments for PV examination, examination table, etc. Do these guys know what they are talking/suggesting? OR do they intend to check the temperature of your wife with a thermometer or BP with a BP Apparatus & arrive @ a conclusion.....(sic)
IF they aren't willing to listen to reason & logic, then suggest them to identify ANY doctor [who has a clinic/hospital] of their choice & you can take your wife there for the checks--in the Worst-case-Scenario.
Sometimes, these HR guys' thinking is bewildering--knowing that all of us are a part of the fraternity.

From India, Hyderabad
I guess that’s what CiteHR is for — RIGHT? Also, I think your main query reg Leave has been addressed by Ankita Shah clearly. All the Best. Rgds, TS
From India, Hyderabad
Exactly sir this way cite hr helps a lot in difficult situation, from where we can get good guidance from seniors and experienced people like you sir. Regards, Amar
From India, Pune
As per MB Act 1961 a women not entitled for maternity benefit under ESI is eligible for maternity benefit from her employer @average wages for 6 weeks if she has worked under him for 80 days.(sec 9).The Co shall have at least 10 employed person.
Varghese Mathew

From India, Thiruvananthapuram
Amar While considering above suggestions, please keep in mind the points mentioned by Mr. Varghese Mathew as well, i.e number of employees and working days - relevant sections of NB Act Suresh
From India, Pune
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