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Hi, While I was 13 weeks pregnant I started bleeding and was hospitalised for 2 days due to threatened abortion. Post that I was advised bed rest for one month. Now as per the maternity leave policy for any illness arising out of pregnancy one is entitled for one month additional leave. So is this considered as an illness arising out of pregnancy. My employer has not given me this benifit and my one month leave was considered and deducted from my PL.
I think that no abortion happened. Certainly the complication which developed during your pregnancy and required hospitalisation should be considered as an illness arising out of pregnancy only. Therefore, your employer's action is in contravention of the provisions of section 10 of the Maternity Benefit Act,1961. Sec.10 mandates that a woman suffering from any illness arising out of pregnancy shall be granted one month's leave with wages on production of medical certificate in addition to the maternity benefit u/s 6 or 9 as the case be.
What if my employeer is disagreeing with the fact that this is an illness arising out of pregnancy. Can any action be taken against this. As all my PL are exhausted and I am due to August so any more leaves taken by me will be a loss of pay
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