One of our employees was pregnant and verbally informed the HR and her manager. She use to go for her regular checkups informing verbally at the office. After one month due to some complications she was asked to abort the child. She sent a mail to her manager and the HR informing the same and that she will be getting abortion done the very next day and will be on leave for some time, however duration was not specified. She joined her duties back one week later.

Now as per our leave policy she could only avail 2 days leave in that month and her 5 days leaves were deducted, also considering that she didn't informed anyone in-writing regarding her pregnancy but did only for her abortion.

Now after reading the Maternity Benefit Act, she claims that her 5 days salary must be reimbursed as everyone was well aware of her pregnancy and that she informed regarding her abortion atleast.

Is she entitled for a reimbursement? We are a Chartered Accountant firm in India. This law does not applies to us, however we do follow it but just allowing leaves for 12 weeks (i.e. following the Act 1961, not after amendment)

Please suggest. URGENT!!

From India, Pune
Legal And Compliance Consultant
Sr. Manager Human Resources



being a CA Firm, you are expected more to follow the rules,

how can you follow old act as amended act is notified, pls go through the following lines:

In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, is entitled to 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.

In case of tubectomy operation, a woman, on production of such proof as may be prescribed, is 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.

for further clarification or any legal/compliance matter you can mail/whatsapp me

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