Due to interstitial ectopic pregnancy my pregnancy was terminated - How many medical paid leaves i am entitled for? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Pvenu1953@gmail.com
Retired Government Servant/advocate

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I had a c-section surgery on 10 mar 2019 due to interstitial ectopic pregnancy, as a result my pregnancy was terminated.
How many medical paid leaves i am entitled for?

If the Maternity Benefit Act,1961 is applicable to the poster's establishment, she may refer to sections 9 and 10 of the Act. As per sec.9 of the Act she is entitled to the maternity benefit of 6 weeks leave with wages immediately following the day of medical termination of pregnancy on production of medical certificate. Besides, she is also entitled to an additional leave of one month for any illness arising out of such medical termination u/s 10 of the Act on production of medical certificate.
I spoke to HR & I was advised that i will only get 4 weeks leaves, what can be done about it.
For the poster's kind attention:
What the entitlement of the employee and the obligation of the employer in case of medical termination of pregnancy under the MB Act,1961 are clearly indicated in my previous answer. If the HR takes a contrary stand whether knowingly or unknowingly according to his own whims and fancies, unfortunately he renders the employer liable to the penalty for contravention of the Act prescribed u/s 21(2) by the Court. Therefore, in case of denial of the benefit as prescribed u/s 9 or 10, first the poster should prefer a complaint to the area Inspector u/s 17(1)(a) of the Act.

Have you applied for the Leave you are entitled in terms of the Maternity Benefit Act? If not, apply in the prescribed form and leave the decision to the authority concerned.
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