Maternity Benefit - Incase of miscarriage what is the additional leaves? Over and above of 24 or 26 weeks? - CiteHR
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Onkar Pimple
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Sr. Manager - Human Resources

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Friends please help clarify
1. What is the no of leaves as per Act 24 weeks or 26 weeks?
2. Incase of miscarriage what is the additional leaves? Is this additional leaves over and above of 24 or 26 weeks?
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In case of miscarriage or medical termination of pregnancy, a woman shall, on production of the prescribed proof, be entitled to leave with wages at the rate of maternity benefit, for a period of 6 weeks immediately following the day of her miscarriage or medical termination of pregnancy.
Dear Praveen,
(1) As per the amendment effective from 01-04-2017 the maximum duration of maternity benefit or leave u/s 5(3) of the Maternity Benefit Act,1961 is 26 weeks which can be availed of by the employee in a single spell of entire 26 weeks post delivery or in two spells comprising of not more than 8 weeks prior to delivery plus 18 weeks post delivery.
(2) As per sec.9 of the MB Act,1961, in case of miscarriage the employee is eligible to get only 6 weeks of leave with wages. In the case of miscarriage or medical termination of pregnancy, the maternity benefit of 26 weeks of leave with wages does not apply. The additional leave for miscarriage over and above 6 weeks u/s 9 is One month only as per section 10 of the Act.
is there any limitations on the miscarriage leave. one of our employee is having miscarriage for the second time.
Maternity benefit under the Act is restricted to 12 weeks only in respect of women who are expecting after having two or more than two surviving children. But no express restriction on miscarriage and in my opinion it is unnecessary to read it into sec.9 with reference to the relevant proviso of sec.5 of the MB Act,1961. An insight with a broader perspective of welfare of working women would certainly render such a restriction inhuman as miscarriage is a missed chance of getting a baby.
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