Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Janardan_raccha
Sr. Hr Team Member
Hemasowthiri123
Account Executive

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Hi friends,
I know that maternity leave with pay is for three months and for an aborption , it is 1.5 month. I wanted to know whether the allowed leave of 1.5 month for a miscarriage is mandate by law or is at the option of the employer.

Dear member,
1. Under the Maternity Benefit Act, 1961, leave for miscarriage etc. has been provided for a period of six weeks. Please see section 9 of said Act.
2. Under Employees' State Insurance Act, 1948 leave for miscarriage etc. has been provided for a period of six weeks. Please see Rule 56(3) of ESI (Central) Rules, 1952.
Social security benefits are statutory in nature and legally enforceable by the entitled insured person/claimant.

Dear Hema,
For your kind information maternity leave is availed for 12 weeks (6 weeks before & 6 weeks after the delivery) if a women employee worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery.
Regards,
Janardan

Janardan,
Please read the post carefully and then reply. Hema had asked about miscarriage and Varghese and Harsh have given the reply correctly. Then you have interfered to give a wrong answer. Please reply to the question only, ie, days of leave for miscarriage and not maternity leave and whether leave for miscarriage is mandatory or not.
Madhu.T.K

As advised by seniors it is mandate by Act and not on the whims and fancies of the employer. Please go ahead with the claim.
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